Legal Opinion

Fairchild v. Creswell

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 2 opinions

Appeal from Caldwell Circuit Coivrt. — Hon. J. M. Davis,.. Judge. (1) Claim for improvements cannot be tried in ejectment proceeding; suit must be instituted, as provided in statute, after judgment, and before the same' tribunal the ejectment case is tried before. R. S. 1889,. sec. 4645, et seq.; McClanahanv.

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Appeal from Caldwell Circuit Coivrt. — Hon. J. M. Davis,.. Judge. (1) Claim for improvements cannot be tried in ejectment proceeding; suit must be instituted, as provided in statute, after judgment, and before the same' tribunal the ejectment case is tried before. R. S. 1889,. sec. 4645, et seq.; McClanahanv. Smith, 76 Mo. 428; Jasper Co. v. Wadlow, 82 Mo. 172; Malone v. Stretch,. 69 Mo. 25; Henderson v. Langley, 76 Mo. 226; Stump-v. Hornbeck, 94 Mo. 26. (2) Action under the statute to recover for improvements made upon land in good faith must be brought in the court in which the judgment in…

1Opinion of the CourtGantt, P. J.

This is an action of ejectment for the southeast quarter of section 4, township 55, range 26. Ouster laid January 1, 1882. Damages claimed, $1,600. Monthly rents, $30. The suit was commenced February 28, 1887.

Defendant filed the following answer:

“ Defendant, for first amended answer to the plaintiff’s petition herein, denies each and every allegation therein.
“For a further defense, defendant says, that Mary Fairchild, the wife of the plaintiff, in the year 1856, or thereabouts, became the purchaser of the land in controversy, from one Mitchell Gray, who was the patentee from the United States…

2Cases cited5 opinions

  1. Turner v. ShawSupreme Court of Missouri · 1888
  2. Pitts v. SheriffSupreme Court of Missouri · 1891
  3. Musick v. DodsonSupreme Court of Missouri · 1882
  4. Davis v. EvansSupreme Court of Missouri · 1890
  5. Gallagher v. DelargySupreme Court of Missouri · 1874

3Cited by2 opinions

  1. Snadon v. GayerMissouri Court of Appeals · 1978
  2. State ex rel. Jiner v. FoardSupreme Court of Missouri · 1913

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