Dyer v. Baumeister
Supreme Court of Missouri
Error to St. Louis Court of Appeals. (1) The court erred in excluding the .evidence of title offered by appellants, as the statute specifically required them to set forth their estate, showing that it was: at least an unexpired term of ten years, and they could not have recovered without evidence of possession -.and' title to that extent. Von Phul' v. Pehn, 31 Mo. 333 ;■ Campbell v. Allen, 61 Mo. 581; Bredell v. Alexander, S Mo.
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Error to St. Louis Court of Appeals. (1) The court erred in excluding the .evidence of title offered by appellants, as the statute specifically required them to set forth their estate, showing that it was: at least an unexpired term of ten years, and they could not have recovered without evidence of possession -.and' title to that extent. Von Phul' v. Pehn, 31 Mo. 333 ;■ Campbell v. Allen, 61 Mo. 581; Bredell v. Alexander, S Mo. App. 110; Brown v. Matthews, 117 Mass. 506. (2) It. is immaterial how appellants obtained possession, even if by fraud or actual force. Reed v. Caldwell, 32 oal..…
1Opinion of the Court
Norton,, J.
This suit was instituted in the St. Louis circuit court -under sections 3562 and 3563,. Revised StaL utes. It is set up in the petition that, plaintiffs claim that they are the owners in fee, and in the actual possession of a lot of ground described therein, and that defendants claim the same adversely to them; and the court is asked to make an .order requiring defendants to show cause why they should not bring an action to try their title. Defendants, in their answer, deny, that plaintiffs, at .the time the suit was commenced, were in possession of said lot, and allege that they…
2Cases cited5 opinions
- Von Phul v. PennSupreme Court of Missouri · 1861
- Rutherford v. UllmanSupreme Court of Missouri · 1868
- Babe v. PhelpsSupreme Court of Missouri · 1877
- Dyer v. KrackauerMissouri Court of Appeals · 1883
- Deware v. WyattSupreme Court of Missouri · 1872
3Cited by11 opinions
- Swayze v. BrideMissouri Court of Appeals · 1889
- Meriwether v. LoveSupreme Court of Missouri · 1902
- Northcutt v. EagerSupreme Court of Missouri · 1896
- Badger Gold Min. & Mill. Co. v. Stockton Gold & Copper Min. Co.U.S. Circuit Court for the District of Oregon · 1905
- Magnolia Petroleum Co. v. BallSupreme Court of Oklahoma · 1949
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