Casler v. Chase
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — 3on. B. J. BroadduSj Judge. They got possession of all the land; got defendant’s $400 paid in extinguishing a lien on said land; sued for $100 damages and got judgment for $225 ; in other words, got the land back and got nearly as much money in damages as the defendant was compelled to pay for the land. This is a straight case of getting something for nothing and $225 to boot.
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Appeal from Livingston Circuit Court. — 3on. B. J. BroadduSj Judge. They got possession of all the land; got defendant’s $400 paid in extinguishing a lien on said land; sued for $100 damages and got judgment for $225 ; in other words, got the land back and got nearly as much money in damages as the defendant was compelled to pay for the land. This is a straight case of getting something for nothing and $225 to boot. This is entirely too harsh and unjust, under the law and the facts, for this court to permit to stand. The error alone in giving a greater judgment for damages than asked for in…
1Opinion of the CourtBurgess, J.
This is an action of ejectment for the possession of the southeast quarter of section nineteen, township fifty-seven, of range twenty-three, in Livingston county.
The following facts were agreed upon and reduced to writing:
“It is admitted that Martha Casler, formerly Martha J. McReeves, is the common source of title; that she departed this life on the — day of —, 1892, in the county of Livingston and State of Missouri, leaving a will which is hereby considered in evidence.
“That plaintiff, John Oasler, and the said Martha Oasler, were married on the — day of —, 18 — , and that the said…
2Cases cited1 opinion
- Short v. TaylorSupreme Court of Missouri · 1897
3Cited by15 opinions
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- Landers v. SmithMissouri Court of Appeals · 1964
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- Harris v. Harris's EstateSupreme Court of Vermont · 1909
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