Legal Opinion

Hunter v. Wethington

Supreme Court of Missouri

Decided June 29, 1907PublishedCited by 21 opinions

Appeal from Stoddard Circuit Court. — Hon. James L. Fort, Judge. (1) The action of ejectment cannot he maintained against defendant alone when he did not reside on the land at the time of bringing the suit when a tenant resided on the land and was not made party defendant. R. S. 1899, secs. 3056 and 3060; Callahan v. Davis, 90 Mo. 83; Sells v. McAnaw, 138 Mo. 274; Shaw v. Tracey, 95 Mo. 532. (2) Defendant has shown a perfect title by adverse possession.

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Appeal from Stoddard Circuit Court. — Hon. James L. Fort, Judge. (1) The action of ejectment cannot he maintained against defendant alone when he did not reside on the land at the time of bringing the suit when a tenant resided on the land and was not made party defendant. R. S. 1899, secs. 3056 and 3060; Callahan v. Davis, 90 Mo. 83; Sells v. McAnaw, 138 Mo. 274; Shaw v. Tracey, 95 Mo. 532. (2) Defendant has shown a perfect title by adverse possession. Plaster v. G-rabeel, 160 Mo. .675; Davis v. Wood, 161 Mo. 33; Kirton v. Bull, 168 Mo. 633; Franklin v. Cunningham, 187 Mo. 196; Sell v.…

1Opinion of the CourtGraves, J.

Action in ejectment for eighty acres of land in Stoddard county. Petition in ordinary form. Answer a general denial. Jury waived and trial before the court. Finding and judgment for the plaintiff, and defendant appeals. Plaintiff filed his motion to dismiss the appeal for certain alleged deficiencies in the abstract of the record but this, was, prior to the argument of the cause, overruled by this court. After*288ward the respondent prints the entire bill of exceptions, by way of an additional abstract of the record, so that we now have a perfected abstract in the cause.

From the bill of…

2Cases cited6 opinions

  1. Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
  2. Hamilton v. BoggessSupreme Court of Missouri · 1876
  3. State v. BurgdoerferSupreme Court of Missouri · 1891
  4. Sutton v. CasseleggiSupreme Court of Missouri · 1883
  5. Shaw v. TracySupreme Court of Missouri · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Johnson v. GraysonSupreme Court of Missouri · 1910
  2. Mann v. DoerrSupreme Court of Missouri · 1909
  3. Spain v. BurchMissouri Court of Appeals · 1913
  4. Cox v. JonesSupreme Court of Missouri · 1910
  5. Rognrust v. SetoCourt of Appeals of Washington · 1970

16 more not listed; retrieve them via the Exa API.

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