Ells v. Pacific Railroad
Supreme Court of Missouri
Appeal from Cooper Circuit Court. The judgment of condemnation in this case is void, and may he attacked collaterally. See the following authorities: (Boswell’s Besses vs. Otis, 9 Howard, 336; same case, 18 Curtis, S. C., 168 ; Harris vs. Hardeman et al., 14 Howard, 334 and authorities cited; same case, 20 Curtis, TJ. S., 206; Fithiau vs. Monks, 43 Mo.
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Appeal from Cooper Circuit Court. The judgment of condemnation in this case is void, and may he attacked collaterally. See the following authorities: (Boswell’s Besses vs. Otis, 9 Howard, 336; same case, 18 Curtis, S. C., 168 ; Harris vs. Hardeman et al., 14 Howard, 334 and authorities cited; same case, 20 Curtis, TJ. S., 206; Fithiau vs. Monks, 43 Mo. Rep., 520, 521, 522 and the numerous authorities cited; 44 Mo., 540 ; City of Boonville vs. Omrod’s adm., 26 Mo., 193 ; Cooley on Const. Lim., p. 17, notes and authorities cited; Dillon on Municipal Corporations, §§ 468, 469,470 and notes, and…
1Opinion of the CourtSherwood, Judge
This is an action of ejectment brought in the Cooper Circuit Court, by Ells and wife against the Pacific Railroad, to recover possession of the south part of Lot 167 in the city of Boonville.
Both parties claim under James H. Lucas as the common ■ source of title.
The answer of defendant, after a plea of the general issue, *201sets up an alleged equitable defense, to the effect that the whole of lot 167 had been purchased of James H. Lucas and Anne L. Hunt, for $500 by the Osage Talley & Southern Kansas Railroad Company, during the pending of proceedings on the part of said Company, as early as…
2Cases cited1 opinion
- Lind v. ClemensSupreme Court of Missouri · 1869
3Cited by46 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Goodrum v. BuffaloCourt of Appeals for the Eighth Circuit · 1908
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- Emmel v. HayesSupreme Court of Missouri · 1890
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