Kingman & Co. v. Sievers
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) An action of ejectment is purely an action at law, and plaintiff must recover on the strength of his own title. It is not sufficient for plaintiff to show an equitable title; it is essential that he show the legal title to be in him.
Read the full summary
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) An action of ejectment is purely an action at law, and plaintiff must recover on the strength of his own title. It is not sufficient for plaintiff to show an equitable title; it is essential that he show the legal title to be in him. Hunt v. Sellech, 118 Mo. 588; Hart v. Steedman, 98 Mo. 452; Harwood v. Tracy, 118 Mo. 631; West v. Bretelle, 115 Mo. 653. (2) In an action of ejectment, when the title and right of possession are expressly denied in the answer, an instruction assuming that plaintiff was the owner of the land and…
1Opinion of the CourtRobinson, J.
This is a statutory action of ejectment for the recovery of forty acres of land in Audrain county. The answer is a general denial. After a trial judgment was rendered in favor of plaintiff for an undivided three fourths of the land, and both plaintiff and defendant have prosecuted appeals to this court.
The testimony in this case for plaintiff shows that one S. P. Nichols owned a house and lot in the town of Centralia worth some $400 or $500, in which he and his wife had been living for the past several years prior to October, 1891. That prior to that date he had become indebted to the…
2Cited by4 opinions
- Ables v. WebbSupreme Court of Missouri · 1905
- Nalle v. ParksSupreme Court of Missouri · 1903
- Nalle v. ThompsonSupreme Court of Missouri · 1903
- Howell v. SherwoodSupreme Court of Missouri · 1912