Patton v. Fox
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. Jno. P. Butter, Judge. (1) Under the pleadings the execution of every instrument and deed in plaintiffs’ chain of title, which is regular on its face, acknowledged and duly recorded in Chariton county, appearing to be executed by defendants, is “adjudged confessed.”
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Appeal from Chariton Circuit Court. — Hon. Jno. P. Butter, Judge. (1) Under the pleadings the execution of every instrument and deed in plaintiffs’ chain of title, which is regular on its face, acknowledged and duly recorded in Chariton county, appearing to be executed by defendants, is “adjudged confessed.” And under the answers the defendants ought to to have been permitted to deny the execution of the deed of trust offered in evidence by plaintiffs given by defendants to Delia Eox. In an ejectment suit, the cause of action in issue and on trial is the title, and “the word title includes…
1Opinion of the CourtMarshall, J.
— Ejectment for fifty acres of land in Chariton county. The petition is in the usual form. The defendants are Minnie E. Eox and her husband, W. H. Eox. The answer of W. H. Eox is a general denial. The answer of Minnie E. Fox is a general denial, with a special plea that she is the owner, in fee simple, of the land, and that it is *101her homestead, but the allegation as to homestead she admitted on the trial was not the fact. The case was tried by the court, without a jury, and judgment was entered for the de<fendants, from which the plaintiffs appealed.
The trial developed the following facts and…
2Cases cited21 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Ring v. JamisonSupreme Court of Missouri · 1877
- Tyler v. HallSupreme Court of Missouri · 1891
- Chapman v. DoughertySupreme Court of Missouri · 1885
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