Atkison v. Dixon
Supreme Court of Missouri
Appeal from Oass Cirmil Court. — Hon. Noah M. G-ivan, Judge. Defendants are estopped by the judgment of the Bates circuit court when this ejectment was first tried and the rents fixed at eight dollars a month; since, though that judgment was reversed, as per 70 Mo. 381, yet Mrs. Dixon was directed to be made a party, and was in pursuance thereof so made, and then had judgment in her favor, without appellant being permitted to litigate with her (see 75 Mo. 516), and as she…
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Appeal from Oass Cirmil Court. — Hon. Noah M. G-ivan, Judge. Defendants are estopped by the judgment of the Bates circuit court when this ejectment was first tried and the rents fixed at eight dollars a month; since, though that judgment was reversed, as per 70 Mo. 381, yet Mrs. Dixon was directed to be made a party, and was in pursuance thereof so made, and then had judgment in her favor, without appellant being permitted to litigate with her (see 75 Mo. 516), and as she thus got advantage of the judgment and proceedings, and estopped appellant, she must take that judgment as a whole. And…
1Opinion of the CourtNorton, C. J.
This cause and the proceedings, out of, and connected with it, have been before this court on four different times. It was originally a suit by eje’ctment against Louis Dixon, as sole defendant, to recover lot 4, block 11, in the town of Butler, Bates county. Among other defenses, the answer set up an outstanding equitable title to the lot in controversy. The cause was tried by the court, and the finding was against the equitable defense, and judgment was entered for the plaintiff, from which defendant Dixon appealed. The judgment was rendered on April 11, 1876, and the appeal was taken…
2Cases cited4 opinions
- Henry v. WoodsSupreme Court of Missouri · 1883
- Crispen v. HannovanSupreme Court of Missouri · 1885
- State ex rel. Dixon v. GivanSupreme Court of Missouri · 1882
- Atkison v. DixonSupreme Court of Missouri · 1879
3Cited by3 opinions
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- A. M. Stevens Lumber Co. v. Kansas City Lumber Co.Missouri Court of Appeals · 1897
- Stone v. Grand Lodge, Ancient Order of United WorkmenMissouri Court of Appeals · 1906