Sargeant v. Rowsey
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge (1) The'1 case made on the answer, counter-claim, and reply, is to be regarded as though it was an original proceeding, wherein .the defendant was plaintiff and the plaintiffs defendants, and- the rights of the parties on this appeal are likewise to be determined accordingly. In support of these views generally, if support be needed, we refer the court to the following authorities : Hodges v. Blade, 8 Mo.
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Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge (1) The'1 case made on the answer, counter-claim, and reply, is to be regarded as though it was an original proceeding, wherein .the defendant was plaintiff and the plaintiffs defendants, and- the rights of the parties on this appeal are likewise to be determined accordingly. In support of these views generally, if support be needed, we refer the court to the following authorities : Hodges v. Blade, 8 Mo. App. 393 ; s. c., 76 Mo. 537; Kelly v. Hurt, 74 Mo. 568, 572; Snider v. Coleman, 72 Mo. 569; Gilbert v. Qoolesey, 69 Mo. 42;…
1Opinion of the CourtSherwood, J.
The plaintiffs, who are the heirs of John M. Sargeant, brought ejectment for the south half of the northeast quarter of section 1, township 55, range 23, and were successful in their suit, and from the judgment they recovered the defendant appealed.
At one time John M. Sargeant owned the whole of the northeast quarter of section 1, township 55, range 23. He mortgaged the whole of it to Tracy Sargeant to secure the sum of one thousand three hundred ánd fifty dollars. After this John M. Sargeant sold and conveyed the north half of the northeast quarter to Merrill, who subsequently sold and…
2Cases cited3 opinions
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Shaw v. GregoireSupreme Court of Missouri · 1867
- Hall v. MorganSupreme Court of Missouri · 1883
3Cited by6 opinions
- State ex rel. Potter v. RileySupreme Court of Missouri · 1909
- Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
- In Re Interest of GMissouri Court of Appeals · 1965
- Hinkle v. KerrSupreme Court of Missouri · 1899
- Walters v. HermannSupreme Court of Missouri · 1889
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