Legal Opinion

Ammerman v. Linton

Supreme Court of Missouri

Decided July 9, 1919PublishedCited by 2 opinions

Appeal from Knox Circuit Court. — Son. Charles D., Steiuart, Judge. (1) The plaintiff has failed to establish a consecutive chain of title indicating a legal title to the premises in question.

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Appeal from Knox Circuit Court. — Son. Charles D., Steiuart, Judge. (1) The plaintiff has failed to establish a consecutive chain of title indicating a legal title to the premises in question. Had he introduced the judgment secured in tlie first foreclosure proceedings, on which his execution and deed is based, it would have shown on its face that the judgment was void, (a) The judgment and decree in the first suit brought by the First National Bank of Stronghurst, Illinois, on April 12, 1911, was based upon the fact that Charles W. Kirby was the owner of an estate by the entirety and it…

1Opinion of the CourtGraves, J.

Action in ejectment, by petition in ordinary form. Defendant Adda Kirby answered: (1) by a general denial; (2) she avers that the right of possession is in one C. W. Dnrrett, stating the facts from which such conclusion is drawn. Defendant Charles W. Kirby, answers (1) by a general denial as to all matters not expressly admitted, and (2) admits that he was the former owner in fee of the land, but avers that C. W. Durrett is now the owner and entitled to the possession thereof. Defendant Linton was a tenant of Charles W. Kirby, and so answers, stating the terms of the tenancy.

C. W. Durrett, by…

2Cases cited3 opinions

  1. Stevens v. HamptonSupreme Court of Missouri · 1870
  2. First National Bank v. KirbySupreme Court of Missouri · 1916
  3. Butler v. ImhoffSupreme Court of Missouri · 1911

3Cited by2 opinions

  1. Woolridge v. Lacrosse Lumber Co.Supreme Court of Missouri · 1921
  2. Bangerter v. PettyCourt of Appeals of Utah · 2010

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