Dameron v. Jamison
Supreme Court of Missouri
Error to Lincoln Circuit Court. — Hon. E. M; Hughes, Judge. (1) That part of defendant’s amended answer which was stricken out contains a good equitable de^fense. If the facts pleaded were true plaintiffs are es-topped from claiming the land.
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Error to Lincoln Circuit Court. — Hon. E. M; Hughes, Judge. (1) That part of defendant’s amended answer which was stricken out contains a good equitable de^fense. If the facts pleaded were true plaintiffs are es-topped from claiming the land. McNess v. Waney, 50 Mo. 388; Landrum v. Bank, 63 Mo. 48; Collins v. Bogers, 63 Mo. 515; Evans v. Snyder, 64 Mo. 516. (2) The tax deed of defendant contains every recital and averment required 'by section 217, Wagner’s Statutes, 1872, and was recorded more than fourteen years before this suit was commenced. Hence, plaintiff’s right of action, if any, was…
1Opinion of the CourtWilliams, J.
This is an action of ejectment. Defendant disclaimed any interest in one of the tracts of land described in the petition and there is no controversy concerning that tract in this court. The plaintiffs, who Recovered below, introduced evidence showing a chain of title from the United States to them. The case is here upon a writ of error sued out by defendant. Several defenses are relied upon to defeat the action. These can be best considered in the order in which they are presented in the pleadings.
I. The answer first sets up that defendant purchased the land at a tax sale on the fifth of…
2Cases cited8 opinions
- Bales v. PerrySupreme Court of Missouri · 1873
- Throckmorton v. PenceSupreme Court of Missouri · 1894
- Kingman v. GrahamWisconsin Supreme Court · 1881
- Hopkins v. ScottSupreme Court of Missouri · 1885
- Callahan v. DavisSupreme Court of Missouri · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Meriwether v. OverlySupreme Court of Missouri · 1910
- Moise v. RobinsonMissouri Court of Appeals · 1975
- Eastwood v. Standard Mines & Milling Co.Idaho Supreme Court · 1905
- Donaldson v. Insurance Co.Tennessee Supreme Court · 1895
- Spicer v. SpicerSupreme Court of Missouri · 1913
4 more not listed; retrieve them via the Exa API.