Webb v. Donaldson
Supreme Court of Missouri
Appeal from, Ray Common Pleas. I. The law contemplates a case where'defendants have an immediate right of action at law in ejectment. (Wagn. Stat., 1022, § 53 ; Yon Phnl vs. Penn, 31 Mo., 333 ; 31 Mo., 312 ; Rutherford vs. Ullman, 42 Mo., 216 ; 42 Mo., 218.) II. There can be no just or equitable reason for compel ling defendants to bring an action to try the title when the petitioner can just as well sue as the defendant.
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Appeal from, Ray Common Pleas. I. The law contemplates a case where'defendants have an immediate right of action at law in ejectment. (Wagn. Stat., 1022, § 53 ; Yon Phnl vs. Penn, 31 Mo., 333 ; 31 Mo., 312 ; Rutherford vs. Ullman, 42 Mo., 216 ; 42 Mo., 218.) II. There can be no just or equitable reason for compel ling defendants to bring an action to try the title when the petitioner can just as well sue as the defendant. (Yon Phnl vs. Penn, supra; Beal vs. Hannon, 38 Mo., 435.) And from the pleadings in this case, it 'is apparent that the defendants cannot now bring an action at law to try…
1Opinion of the CourtNapton, Judge
This action was brought under sections 53 and 54 of article 5, of the Practice Act. (Wagn. Stat., 1022.)
The plaintiff claims, in his petition, to be the owner in fee of the N. E. qr. of S. W. qr. of S. 16, T. 52, E. 28, and to be in possession of the same; and he avers that defendants claim adversely, and prays that defendants may be summoned and ordered to institute a suit to try the alleged title.
The defendants admit the possession of plaintiff. They, however, set up that one Hodges was, in 1842, the owner; that Hodges made a will, by which he devised to his wife, Olivia, “his entire…
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