Kelley v. Kurz
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Hon. E. M. Hughes, Judge. (1) The first instruction given for plaintiff is clearly erroneous. The plat book and deeds read in evidence by plaintiff instead of showing the legal title to the land is dispute to be vested in plaintiff unequivocally show that it is not so vested. (2) Defendant’s instruction in the nature of a demurrer to the evidence ought to have been given.
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Appeal from Pike Circuit Court. — Hon. E. M. Hughes, Judge. (1) The first instruction given for plaintiff is clearly erroneous. The plat book and deeds read in evidence by plaintiff instead of showing the legal title to the land is dispute to be vested in plaintiff unequivocally show that it is not so vested. (2) Defendant’s instruction in the nature of a demurrer to the evidence ought to have been given. (3) The failure to describe the land therein renders the verdict and judgment bad and incurable. Sedgwick & Wait Tr. Title to Land, secs. 459, 499, 501; Buse v. Bussell, 86 Mo. 211; Mourning…
1Opinion of the CourtBukgess, J.
This is an action of ejectment for the possession of a tract of land in Pike county *416described as follows: Commencing at the southwest corner of the northwest quarter of the southeast quarter of section 29, township 54, range 3, west, and running east a distance of eleven and seventy-nine hundredths chains; thence north twenty-six and onelialf degrees west ten and seventy-five hundredths chains; thence north nine and one-half degrees west four and seventy-two hundredths chains; thence north eighty-three and one-half degrees west five and eighty-nine hundredths chains; thence south fifteen…
2Cases cited1 opinion
- Hunt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
3Cited by1 opinion
- Hall v. GallemoreSupreme Court of Missouri · 1897