Summet v. City Realty & Brokerage Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — -Non. Jas. H. Slover, Judge. (1) The plea of res judicata was not sufficient under any rule of pleading. One suit in ejectment does not bar a second. Demurrer thereto should have been sustained. (2) In this action the issues were those of the legál title, and right of possession. Plaintiffs were entitled to a jury trial. E. S. 18991, sec. 691. There was no waiver of jury trial.
Read the full summary
Appeal from Jackson Circuit Court. — -Non. Jas. H. Slover, Judge. (1) The plea of res judicata was not sufficient under any rule of pleading. One suit in ejectment does not bar a second. Demurrer thereto should have been sustained. (2) In this action the issues were those of the legál title, and right of possession. Plaintiffs were entitled to a jury trial. E. S. 18991, sec. 691. There was no waiver of jury trial. (3) The deed of trust to Case was void as to the children of I). A. N. Grover and Latitia Grover. It created no estoppel. They received no consideration. The court erred in…
1Opinion of the CourtWoodson, J.
This is a suit in ejectment for the possession of the south forty-nine feet of lot one hundred forty-six, in block eleven, McG-ee’s addition to Kansas City, Missouri.
The petition is in the usual form.
The answer of Anna Voypool is a.disclaimer of any interest in the premises, and an allegation that she was in possession of the property as tenant of defendant, the City Realty & Brokerage Company, and that she was ready and willing to attorn to the party to whom the title and possession of the property may be adjudged.
The defendant company’s answer is, first, a general denial; second, a plea of…
2Cases cited17 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Litchfield v. Goodnow's AdministratorSupreme Court of the United States · 1887
- Smith v. SheeleySupreme Court of the United States · 1871
- Godman v. SimmonsSupreme Court of Missouri · 1892
- Halsa v. HalsaSupreme Court of Missouri · 1843
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wors v. TarltonMissouri Court of Appeals · 1936
- State Ex Rel. Terry v. HoltkampSupreme Court of Missouri · 1932
- Grimes v. RushSupreme Court of Missouri · 1946
- Hunter v. Delta Realty Co.Supreme Court of Missouri · 1943
- Marshall v. HillSupreme Court of Missouri · 1912
17 more not listed; retrieve them via the Exa API.