Mitchell v. Tucker's
Supreme Court of Missouri
APPEAL from Howard Circuit Court. 1st. To entitle the plaintiffs, as against the defendants, to recover the land in controversy, in the present action, it was sufficient for them to prove either a legal or an equitable title thereto. See Digest 1835, p. 234 §1, 2; see Acts 1839, p. 40. 2d. That the proofs which were offered by plaintiffs, and rejected by the Court, conduced to show in the plaintiffs both a legal and equitable right to the land sued for. 3d.
Read the full summary
APPEAL from Howard Circuit Court. 1st. To entitle the plaintiffs, as against the defendants, to recover the land in controversy, in the present action, it was sufficient for them to prove either a legal or an equitable title thereto. See Digest 1835, p. 234 §1, 2; see Acts 1839, p. 40. 2d. That the proofs which were offered by plaintiffs, and rejected by the Court, conduced to show in the plaintiffs both a legal and equitable right to the land sued for. 3d. That from the proofs given by the plaintiffs, it appears that defendants are mere intruders and trespassers upon the land, claiming no…
1Opinion of the CourtScott, J.
This was an action of ejectment begun by the appellants against the appellees, to recover a tract of land in Howard county. The appellants submitted to a non-suit, and after an unsuccessful motion to set it aside, have brought the cause to this Court.
The possession of the appellees of a part of the disputed premises, was admitted on the trial. They set up no title to the land, but relied on their possession. The appellants, on their part, showed that a tract of land, in New Madrid county, had been confirmed to Firman Lessieur, by a board of commissioners appointed under an act of congress,…
2Cited by6 opinions
- Gibson v. ChouteauSupreme Court of Missouri · 1867
- Fowler v. SmithCalifornia Supreme Court · 1852
- Johnson v. McGruderSupreme Court of Missouri · 1852
- Long v. StappSupreme Court of Missouri · 1872
- Langlois v. CrawfordSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.