Harbison v. School District No. 1
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Hon. J. D. Poster, Judge. (1) In all trials at law the parties are entitled to have declarations of law applicable to the case. The submission of the case to the court sitting as a jury ■ in nowise takes away the statutory right. In no other way can it be ascertained upon what theory of law the court determined the cause.
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Appeal from Scott Circuit Court. — Hon. J. D. Poster, Judge. (1) In all trials at law the parties are entitled to have declarations of law applicable to the case. The submission of the case to the court sitting as a jury ■ in nowise takes away the statutory right. In no other way can it be ascertained upon what theory of law the court determined the cause. Cunningham v. Snow; 82 Mo. 587, 593; Davis v. Scripps, 2 Mo. 187. (2) If the defendant entered into the possession under the lost deed, and for the requisite ten years, consecutively, held the open possession thereof, as stated by the…
1Opinion of the CourtHenrt, C. J.
Plaintiffs sued to recover possession of lot number fifty-seven in the town of Benton, Scott county. The answer was a general denial and a plea of the statute of limitations. On a trial of the cause by the ' court without a jury plaintiffs obtained a judgment for one-half of the lot and defendant has appealed.
Plaintiffs’ title is based upon a deed executed by Joseph Hunter described in said deed “as commissioner of said town of Bentonbut there was no other proof that he was then (eighth January, 1840), commissioner of said town. The town of Benton was the county .seat of the county, and the…
2Cases cited2 opinions
- Cunningham v. SnowSupreme Court of Missouri · 1884
- Alexander v. HadenSupreme Court of Missouri · 1830
3Cited by3 opinions
- Benne v. MillerSupreme Court of Missouri · 1899
- Hitt v. CarrIndiana Court of Appeals · 1915
- Mead v. SpaldingSupreme Court of Missouri · 1887