Meyers v. Gale
Supreme Court of Missouri
Error to Fifth District Court. I. It was not necessary for appellant to plead Ms title. He could avail himself of it under the general issue. (Carter v. Scaggs, 38 Mo. 302; McCormick v. Eitzmorris, 39 Mo. 35.) II. Section 14, chapter 115, Gen. Stat. 1865, can not have a retroactive operation, so as to bar existing debts at the time of its going into operation. (Cunningham v. Gray, 20 Mo. 170 ; Barbee v. Wimer, 27 Mo. 140 ; 26 Mo. 219.) HI.
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Error to Fifth District Court. I. It was not necessary for appellant to plead Ms title. He could avail himself of it under the general issue. (Carter v. Scaggs, 38 Mo. 302; McCormick v. Eitzmorris, 39 Mo. 35.) II. Section 14, chapter 115, Gen. Stat. 1865, can not have a retroactive operation, so as to bar existing debts at the time of its going into operation. (Cunningham v. Gray, 20 Mo. 170 ; Barbee v. Wimer, 27 Mo. 140 ; 26 Mo. 219.) HI. The court below erred in refusing to admit the sheriff’s deed. (McCormick v. Eitzmorris, 39 Mo. 24; Carpenter v. King, 42 Mo. 219.)
1Opinion of the CourtCurrier, Judge
This is an action of ejectment brought to recover the possession of certain premises described in the petition. The answer put in issue the facts alleged by the plaintiffs as grounds for a recovery. At the trial — as showing title in the plaintiff, Joanna Meyers, the wife of Silas Meyers, the other plaintiff — among other documents, the plaintiffs read in evidence a deed from one-Bell and wife to said Joanna, dated April 28, 1866, and conveying to her the premises sued for. On the part of the defense, it. was sought to be shown that the title thus acquired by Mrs.. Meyers had passed to and…
2Cases cited5 opinions
- Carter v. ScaggsSupreme Court of Missouri · 1866
- Cunningham v. GraySupreme Court of Missouri · 1854
- Barbee v. WimerSupreme Court of Missouri · 1858
- Hockaday v. SalleeSupreme Court of Missouri · 1858
- Tally v. ThompsonSupreme Court of Missouri · 1855
3Cited by3 opinions
- Moses v. St. Louis Sectional Dock Co.Supreme Court of Missouri · 1884
- Hill v. Bank of SenecaMissouri Court of Appeals · 1901
- Davis v. PevelerSupreme Court of Missouri · 1877