Hutchinson v. Patterson
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Mon. Nat. M. Shelton, Judge. (1) The judgment of the Saline Circuit Court adjudging’ this title in appellant and not in J ames Barry, was final and concluded Barry and his grantee, the respondent, who had absolute notice of the judgment. The court erred in striking this special plea from appellant’s answer and in refusing to permit him to show the facts under the general denial contained in his answer.
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Appeal from Macon Circuit Court. — Mon. Nat. M. Shelton, Judge. (1) The judgment of the Saline Circuit Court adjudging’ this title in appellant and not in J ames Barry, was final and concluded Barry and his grantee, the respondent, who had absolute notice of the judgment. The court erred in striking this special plea from appellant’s answer and in refusing to permit him to show the facts under the general denial contained in his answer. Johnson v. Realty Co., 167 Mo. 339; Edmondston v. Carter, 180‘ Mo. 515; Darnell v. Wright, 147 Mo. 639; Jamison v. Martin, 184 Mo. 426; Ball v. Wolfolk, 175…
1Opinion of the CourtValliant, J.
Ejectment for 120 acres of land in Chariton county. There was a judgment for the plaintiff and defendant appealed. The petition is in *179the usual form. The answer admits possession, asserts title and denies other allegations in the petition; then it pleads that in 1905 one James Barry, then claiming to own the land in question in fee simple, filed a suit in the circuit court of Chariton county against this defendant to quiet title under section 650, Revised Statutes 1899; that defendant answered, denying title in Barry, asserting it in himself, and praying judgment that he go and recover his…
2Cases cited8 opinions
- State ex rel. Brown v. BroaddusSupreme Court of Missouri · 1909
- Ball v. WoolfolkSupreme Court of Missouri · 1903
- City of St. Louis v. Schulenburg & Boeckler Lumber Co.Supreme Court of Missouri · 1889
- Clark v. BettelheimSupreme Court of Missouri · 1898
- Sampson v. MitchellSupreme Court of Missouri · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Ollison v. Village of Climax SpringsSupreme Court of Missouri · 1996
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Moore v. BeckMissouri Court of Appeals · 1984
- Lyons v. National Surety Co.Supreme Court of Missouri · 1912
- State ex rel. Caulfield v. BroaddusSupreme Court of Missouri · 1911
8 more not listed; retrieve them via the Exa API.