Legal Opinion

Krider v. Milner

Supreme Court of Missouri

Decided October 15, 1889PublishedCited by 25 opinions

Appeal from Greene Circuit Court. — Hon. James R. Vaughn,'Judge. (1) Where there is not sufficient evidence to support a judgment for plaintiff, the court should so declare the law.

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Appeal from Greene Circuit Court. — Hon. James R. Vaughn,'Judge. (1) Where there is not sufficient evidence to support a judgment for plaintiff, the court should so declare the law. Avery v. Fitzgerald, 94 Mo. 207; Wilson v. Albert, 89 Mo. 587; Hunt v. Railroad, 89 Mo. 607; Garrett v, Greenwelt, 92 Mo. 120; BanJc v. Armstrong, 92 Mo. 265; Hipsley ». Railroad, 88 Mo. 348; Spohn v. Railroad, 87 Mo. 74. (2) On the undisputed evidence in this case, the fence built by A. 0. Autery, in 1868 or 1869, marks the boundary line agreed upon by the owners and occupiers of the land adjoining it on either…

1Opinion of the CourtBlack, J.

This is an action of ejectment to recover a strip of land eight rods wide, off of the south side of the east half of lot two of the northwest fractional quarter of section 4, etc.

Plaintiff owns the east half of lot two which contains, according to government survey, 43.06 acres. Defendant owns the east half of lot one which contains 40.04 acres. The contest is over the proper location of the boundary line; the plaintiff’s land is on the north, and the defendant’s on the south, of this disputed line. For convenience, each tract will be designated as a forty-acre tract.

It appears a fence had…

2Cases cited4 opinions

  1. Jacobs v. MoseleySupreme Court of Missouri · 1886
  2. Schad v. SharpSupreme Court of Missouri · 1888
  3. Atchison v. PeaseSupreme Court of Missouri · 1888
  4. Kincaid v. DormeySupreme Court of Missouri · 1871

3Cited by25 opinions

  1. Beardsley v. CraneSupreme Court of Minnesota · 1893
  2. Tillman v. HutchersonSupreme Court of Missouri · 1941
  3. Bowers v. LedgerwoodWashington Supreme Court · 1901
  4. Brummell v. HarrisSupreme Court of Missouri · 1899
  5. Courtner v. PutnamSupreme Court of Missouri · 1930

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