Stucker v. Duncan
Supreme Court of Missouri
Error to Callaway Circuit Court. This was an action in the nature of a trespass, brought by Stucker against Duncan, to recover damages for timber cut on certain tracts of land described in his petition. Duncan answered denying the trespass, and set up title in himself to the said land, described as the N.W. £ of the N.W. £ of sec. 15, the S.W. £ of the- S.W. £ of sec. 10, and the S. £ of the S.E. £ of sec. 9, all in township 46, range 8 west.
Read the full summary
Error to Callaway Circuit Court. This was an action in the nature of a trespass, brought by Stucker against Duncan, to recover damages for timber cut on certain tracts of land described in his petition. Duncan answered denying the trespass, and set up title in himself to the said land, described as the N.W. £ of the N.W. £ of sec. 15, the S.W. £ of the- S.W. £ of sec. 10, and the S. £ of the S.E. £ of sec. 9, all in township 46, range 8 west. The defendant likewise set up in his answer that he held the elder certificate of entry to these lands, and the same had been improperly cancelled by…
1Opinion of the CourtLovelace, Judge
This is an action for trespass upon real estate. The defendant justified upon the ground of an equitable title in the real estate named in the petition. -It is unnecessary to make a statement of this case inasmuch as it involves in every par*165ticular the same issues that were decided in the case of Hill v. Miller, decided by this court at the August term at St. Joseph (36 Mo. 182); and, for the reasons given in that case, this judgment is reversed and the cause remanded.
The other judges concur.
2Cases cited1 opinion
- Hill v. MillerSupreme Court of Missouri · 1865