Williams v. Sands
Supreme Court of Missouri
Appeal from Benton Circnit Court. — Hon. C. A. Denton, Judge. (1) The court erred in finding for the plaintiff in» this case for the reason that the patent shows the land was patented to Sylvestus H. Williams, and the plaintiff’s evidence shows that his father’s name, under whom he claims, is Sylvester H. "Williams. Having failed to establish any title in Sylvester PI. Williams, the plaintiff as his heir cannot recover.
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Appeal from Benton Circnit Court. — Hon. C. A. Denton, Judge. (1) The court erred in finding for the plaintiff in» this case for the reason that the patent shows the land was patented to Sylvestus H. Williams, and the plaintiff’s evidence shows that his father’s name, under whom he claims, is Sylvester H. "Williams. Having failed to establish any title in Sylvester PI. Williams, the plaintiff as his heir cannot recover. Sylvestus and Sylvester are not idem sonans. 29 Cyc. 276; 16 Am. and Eng. Ency. of Law, p. 125. The following names have been decided not to be idem sonans-. Ammon and Amann:…
1Opinion of the CourtFaris, J.
This is an action coming here on appeal from the circuit court of Benton county, involving the title to certain real estate situate in that county. The petition contains two counts; the first count is a suit to determine interest under section 2535; the second count is ejectment.
The answer is (1) a general denial; (2) a setting up of the manner in which defendants obtained their alleged title to the land in controversy, to-wit, by purchase thereof at a tax sale; (3) a plea of the Statute of Limitations, vaguely averred; (4) a plea averring laches, and (5), finally, that if the decision of the…
2Cases cited21 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
- Sweet v. OwensSupreme Court of Missouri · 1891
- Rutter v. CarothersSupreme Court of Missouri · 1909
- Charles v. PatchSupreme Court of Missouri · 1885
- State v. TuckerSupreme Court of Missouri · 1910
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- York v. JamesWyoming Supreme Court · 1946
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