Gallenkamp v. Westmeyer
Missouri Court of Appeals
Appeal from Franklin Circuit Court. — Now. John W. MoElhmney, Judge. (1) At common law, tbe occupying claimant wbo has been defeated in an action of ejectment, is not entitled to improvements made by himself or his grantors while they were in possession of the premises.
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Appeal from Franklin Circuit Court. — Now. John W. MoElhmney, Judge. (1) At common law, tbe occupying claimant wbo has been defeated in an action of ejectment, is not entitled to improvements made by himself or his grantors while they were in possession of the premises. Dothage v. Stewart, 35 MO'. 251, 254; Schlemmer v. North, 32 Mo. 106; Stump v. Hornback, 109 Mo. 272, 278, 18 S. W. 37. (2) The statute says, .that an unsuccessful party to an ejectment suit may recover for all improvements made by himself in good faith and without notice. It does not say he can recover for such as may have…
1Opinion of the CourtGoode, J.
Respondent having been defeated in an action in ejectment instituted by the appellants, brought the present action to recover the value of the improvements made by him and his grantors on the premises. The judgment in ejectment went in favor of appellants for an undivided twenty-one thirtieths interest in the premises. In his petition respondent-traces his title from Bernard Westmeyer, the common source of title. Said Westmeyer died in 1854, leaving a widow, Henrietta Westmeyer, and seven children, three of whom are the appellants. Prom the statements of the petition it appears that the…
2Cases cited5 opinions
- Stump v. HornbackSupreme Court of Missouri · 1887
- Dothage v. StuartSupreme Court of Missouri · 1864
- Russell v. DefranceSupreme Court of Missouri · 1867
- Stump v. HornbeckMissouri Court of Appeals · 1884
- Cox v. McDivitSupreme Court of Missouri · 1894
3Cited by13 opinions
- Gray v. ClementSupreme Court of Missouri · 1922
- Richmond v. AshcraftMissouri Court of Appeals · 1909
- Martin v. McCabeSupreme Court of Missouri · 1948
- Sires v. ClarkMissouri Court of Appeals · 1908
- St. Joseph Lead Co. v. FuhrmeisterSupreme Court of Missouri · 1944
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