Charter Oak Life Insurance v. Cummings
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. The judgment here enjoined is a regular judgment obtained in due course of law and in compliance with all the provisions of the statutes of the state, and wholly without haste or concealment, and after a delay' of nearly five years from the commencement of the suit. The title claimed by the plaintiff here was in the defendant in the suit when it was commenced.
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Appeal from, St. Louis Court of Appeals. The judgment here enjoined is a regular judgment obtained in due course of law and in compliance with all the provisions of the statutes of the state, and wholly without haste or concealment, and after a delay' of nearly five years from the commencement of the suit. The title claimed by the plaintiff here was in the defendant in the suit when it was commenced. On the face of the case, as made by plaintiff, there is no ground for an injunction. Carolus v. Koch, 72 Mo. 645. Possession is actual or constructive. It follows the title, and, unless actual…
1Opinion of the Court
Sherwood, J. —
Briefly stated, the case is this: Certain parties brought ejectment against a non-resident having a tenant in actual possessiou of the land sued for. Process was not served on the tenant, and there was publication as to the defendant in that suit, who had no knowledge of the suit, and who, during its pendency, conveyed to the present plaintiff, who was equally ignorant of the action of ejectment having been brought, and was the beneficial owner of the premises; the non-resident being the mere holder of the title. Judgment by default went against the defendant, and a writ of…
2Cases cited3 opinions
- Goodnough v. SheppardIllinois Supreme Court · 1862
- Banks v. . ParkerSupreme Court of North Carolina · 1879
- McDowell v. KingCourt of Appeals of Kentucky · 1836
3Cited by2 opinions
- Shaw v. TracySupreme Court of Missouri · 1888
- Llewellyn v. LlewellynSupreme Court of Missouri · 1907