Warfield v. Lindell
Supreme Court of Missouri
Appeal from St. Louis Land Court. Plaintiffs sued defendants in ejectment for lots 5, 6, 7 and 8 in Bates, Smith & Lisa’s addition to St. Louis, as laid out in 1817. The facts of the case were the same as at a former trial — 30 Mo. 272. In addition to'all the facts stated in that report, the following new evidence tvas given : Record in partition in suit of N. A. Ware (under whom Warfield, the plaintiff, claims) against the heirs of Smith and Bates, filed July 27,1836, in…
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Appeal from St. Louis Land Court. Plaintiffs sued defendants in ejectment for lots 5, 6, 7 and 8 in Bates, Smith & Lisa’s addition to St. Louis, as laid out in 1817. The facts of the case were the same as at a former trial — 30 Mo. 272. In addition to'all the facts stated in that report, the following new evidence tvas given : Record in partition in suit of N. A. Ware (under whom Warfield, the plaintiff, claims) against the heirs of Smith and Bates, filed July 27,1836, in which partition Ware admits of record the sale of lots 5, 6, 7 and 8, now sued for, to have been made in the lifetime of…
1Opinion of the CourtHolmes, Judge
The questions presented for decision arise mainly upon the instructions which were given or refused. 1 But, as it often happens in cases like this, the determination of these depends as much, or more, upon the application of the law to the facts of the case than upon settling the principles of law, as such. It becomes necessary, therefore, in the first instance, to examine into the nature of the evidence, that we may gain a clear and definite conception of what the case made really was upon which the instructions were predicated.
The defence was made to rest, in part, upon the assumed ground…
2Cases cited11 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Warfield v. LindellSupreme Court of Missouri · 1860
- Law v. PattersonSupreme Court of Pennsylvania · 1841
- Prescott v. NeversU.S. Circuit Court for the District of Maine · 1827
- Johnson v. GivensCourt of Appeals of Kentucky · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Unger v. MooneyCalifornia Supreme Court · 1883
- Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Busch v. HustonIllinois Supreme Court · 1874
- Bader v. DyerSupreme Court of Iowa · 1898
14 more not listed; retrieve them via the Exa API.