Dunn v. Miller
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The recovery in the former ejectment-suit settled, as between the parties, the Tight of possession., and its consequences, and Dunn cannot recover in this action on any ■ presumption of title .arising from the fact of possession prior to the former judgment.— Whitney v. Wright, 15 Wend. 179; Jackson v. Rightmyre, 16 Johns. 325 ; 2 Chitty’s Bla.
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Appeal from the St. Louis Circuit Court. The recovery in the former ejectment-suit settled, as between the parties, the Tight of possession., and its consequences, and Dunn cannot recover in this action on any ■ presumption of title .arising from the fact of possession prior to the former judgment.— Whitney v. Wright, 15 Wend. 179; Jackson v. Rightmyre, 16 Johns. 325 ; 2 Chitty’s Bla. Comm., bk. 3, top p. 147 ; Arnold v. Arnold, 17 Pick. 4 ; Jackson v. Tuttle, 9 ■Cow. 234 ; Jackson v. Walker, 7 Cow. 642 ;. Beebe v. Elliott, 4 Barb. 457 ; Marshall v. Shafter, 32 Cal. 196 ; Foster v. Evans, 51…
1Opinion of the CourtBakewell, J.
This is an action of ejectment, to recover a tract of land included in United States survey 2541, made under New Madrid certificate 164, in the name of John Brooks. The parcel of land claimed in this action is a tract fronting two hundred and ninety feet on Grand Avenue in St. Louis, *471and lying in Page and McPherson’s Addition. The particular lots involved are the same which defendants recovered of Dunn and his tenant Solari, in Miller v. Dunn, reported’ in 62 Mo. 216. The petition is in the usual form. Defendants plead not guilty.
Both parties claim under Charles Lucas. Lucas conveyed' to…
2Cases cited10 opinions
- Kimmel v. BennaSupreme Court of Missouri · 1879
- Foster v. EvansSupreme Court of Missouri · 1872
- Tanner v. StineSupreme Court of Missouri · 1853
- Carter v. ScaggsSupreme Court of Missouri · 1866
- Patterson v. FaganSupreme Court of Missouri · 1866
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3Cited by4 opinions
- Dunn v. MillerSupreme Court of Missouri · 1888
- Dunn v. MillerSupreme Court of Missouri · 1881
- Drey v. DoyleMissouri Court of Appeals · 1887
- Hogan v. SmithMissouri Court of Appeals · 1881