Jamison v. Martin
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. (.1) A judgment in ejectment is no bar to a second action for the same property and between the same parties whether the titles and defenses in both actions be the same or not.
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Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. (.1) A judgment in ejectment is no bar to a second action for the same property and between the same parties whether the titles and defenses in both actions be the same or not. Avery v. Fitzgerald, 94 Mo. 207; St. Louis v. Lumber Co., 98 Mo. 613; Sutton v. Dameron, 100 Mo. 141; Swope v. Weller, 119 Mo. 556; Speed v. Terminal Co., 163 Mo. 111. (2) Estoppel by judgment must be mutual and the fact that in the former suit the taxes paid by the plaintiff (then defendant) was adjudged a lien upon the land does not estop him unless he…
1Opinion of the CourtMaeshall, J.
This is an action in ejectment to recover twenty acres in the northwest fractional quarter of section 23, township 51, range 2, east, in Lincoln county. The petition is in the usual form. The defendant is a tenant in possession, and upon his ap*425plication the landlords, Malenda Dameron, Floyd Harney, Thomas Harney, William Seaman, Mary M. Dameron, Sarah F. Dameron, T. E. Dameron, Clem Lindsay, Sr., Clem Lindsay, Jr., Linnie Lindsay, and Mrs. Ed Morris, were made parties defendant. The answer of the defendants is a general denial and a special plea. The special plea sets np that on. May 28,…
2Cases cited6 opinions
- Simpson v. Kansas CitySupreme Court of Missouri · 1892
- Bell v. HoaglandSupreme Court of Missouri · 1852
- Commonwealth v. Pejepscut ProprietorsMassachusetts Supreme Judicial Court · 1811
- Bennett v. WoodySupreme Court of Missouri · 1897
- Dameron v. JamisonSupreme Court of Missouri · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hutchinson v. PattersonSupreme Court of Missouri · 1910
- Crowl v. CrowlSupreme Court of Missouri · 1906
- Haughawout v. RoyseMissouri Court of Appeals · 1906
- Jamison v. HarveyMissouri Court of Appeals · 1910