Powers v. Kueckhoff
Supreme Court of Missouri
Error to Second District Court. This was an action brought by defendant in error to recover a tract of land in Jefferson county containing about 134 acres, and damages for timber alleged to have been cut thereon by plaintiff in error.
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Error to Second District Court. This was an action brought by defendant in error to recover a tract of land in Jefferson county containing about 134 acres, and damages for timber alleged to have been cut thereon by plaintiff in error. The defendant answered denying that he unlawfully withheld from plaintiff any part of said land, and denying that he was entitled to judgment for any timber cut thereon by defendant; and alleging that the defendant is the legal owner of the following part of the lauds described in plaintiff’s petition : sixty acres, being the west part of the north-east…
1Opinion of the CourtWagner, Judge
The objection urged by the plaintiff in error, that judgment should have been rendered in his favor because there was no replication to his answer in the court, cannot be sustained. The proceeding was commenced under the practice act of 1855, and must be conducted in accordance with its provisions, and as the answer contained no counter-claim or set-off, no replication was necessary under that act.
The next point, and the principal one in this case, is as to whether the notice of sale given by the trustee was sufficient, or whether the title of the defendant in error is affected by means of…
2Cases cited8 opinions
- Beatie v. ButlerSupreme Court of Missouri · 1855
- Jackson ex dem. Rogers v. ClarkNew York Supreme Court · 1810
- Miller v. HullNew York Supreme Court · 1847
- Stine v. WilksonSupreme Court of Missouri · 1846
- Gray v. ShawSupreme Court of Missouri · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Wolff v. WardSupreme Court of Missouri · 1891
- Eitelgeorge v. Mutual House Building Ass'nSupreme Court of Missouri · 1878
- Petring v. KuhsSupreme Court of Missouri · 1943
- Polliham v. ReveleySupreme Court of Missouri · 1904
8 more not listed; retrieve them via the Exa API.