Bauer v. Wagner
Supreme Court of Missouri
Error to Cole Circuit Court. Plaintiff’s motion to strike out a part of defendant’s answer ought to have been sustained by the court. The plea of the statute of limitations is not well pleaded, and ought to have been stricken out. The defendant fails to state fact’s sufficient to show that the possession under which he claimed was adverse to the plaintiff’s claim to said property — 18 Barb. (S. C.) 151. The defendant’s answer is clearly defective— Curt. Eq.
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Error to Cole Circuit Court. Plaintiff’s motion to strike out a part of defendant’s answer ought to have been sustained by the court. The plea of the statute of limitations is not well pleaded, and ought to have been stricken out. The defendant fails to state fact’s sufficient to show that the possession under which he claimed was adverse to the plaintiff’s claim to said property — 18 Barb. (S. C.) 151. The defendant’s answer is clearly defective— Curt. Eq. Prec. 173; 1 Chit. PI. 526. It seems that the plea would not have been sufficient under the old rules — Dinkle v. Gundelhnger, 35 Mo.…
1Opinion of the CourtHolmes, Judge
This was an action of ejectment for the recovery of a small strip of land, part of a larger lot, which had been sold as a portion of lot No. 337, in the city of Jefferson. The strip was eight inches in front, and about two feet in width, upon an alley in the rear. The several portions of this lot, No. 337, had been sold and conveyed to various persons at different times, by quantity in front feet, with some calls for adjoining lots, but without fixed landmarks set upon the ground conveyed in each instance. The several proprietors had taken possession of their lots and improved the same,…
2Cited by3 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- State ex rel. Demuth v. WilliamsSupreme Court of Missouri · 1871
- Hax v. Acme Cement Plaster Co.Missouri Court of Appeals · 1900