Himmelberger-Harrison Lumber Co. v. Keener
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) The trial court committed reversible error in ' holding that the circuit court of Stoddard county was not in vacation from and after March 20,1884, to June 16, 1884; and in holding that the clerk of said circuit court during that interim of time was without legal power to make an order of publication. June 12, 1884, was in the vacation of the court.
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Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) The trial court committed reversible error in ' holding that the circuit court of Stoddard county was not in vacation from and after March 20,1884, to June 16, 1884; and in holding that the clerk of said circuit court during that interim of time was without legal power to make an order of publication. June 12, 1884, was in the vacation of the court. Sec. 575, E. S. 1899. (2) It is manifest from an examination of the record that the circuit court itself could not make an order of publication from and after March 20, 1884, up to…
1Opinion of the CourtGantt, P. J.
This is a suit to quiet title to four hundred and eighty acres of land situated in Stoddard county, Missouri.
In its petition tbe plaintiff asserts ownership in this land and open, notorious, hostile, continuous and adverse possession of it under a bona-fide claim of title for more than ten years prior to tbe bringing of this suit and states that during all that time it and its grantors exercised all tbe acts of ownership and dominion over said land of which it was susceptible.
Tbe defendants are tbe children and heirs at law of J ames Keener, deceased, and in their answer denied plaintiff’s…
2Cases cited17 opinions
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Campbell v. McCahanIllinois Supreme Court · 1866
- Schell v. LelandSupreme Court of Missouri · 1870
- Hadley v. BerneroMissouri Court of Appeals · 1902
- Quigley v. Mexico Southern BankSupreme Court of Missouri · 1883
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3Cited by6 opinions
- Stanton v. ThompsonSupreme Court of Missouri · 1911
- State Ex Rel. Big Bend Quarry Co. v. WurdemanSupreme Court of Missouri · 1925
- State ex rel. Haugan v. DenisSouth Dakota Supreme Court · 1918
- Downing v. LashotMissouri Court of Appeals · 1919
- Moreland v. VomilasSupreme Judicial Court of Maine · 1929
1 more not listed; retrieve them via the Exa API.