Stump v. Hornback
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. W. W. Edwards, Judge. (1)The judgment of the circuit court is in direct violation of the opinion and mandate of the supreme court in this case. Skimp v. Hombaek, 94 Mo. 35. (2) The defendants are entitled to credit for the accrued rents and profits under their judgment in ejectment in the way of a set-off against the plaintiffs’ claim for improvements. The court erred in refusing to allow the set-off.
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Appeal from St. Charles Circuit Court. — Hon. W. W. Edwards, Judge. (1)The judgment of the circuit court is in direct violation of the opinion and mandate of the supreme court in this case. Skimp v. Hombaek, 94 Mo. 35. (2) The defendants are entitled to credit for the accrued rents and profits under their judgment in ejectment in the way of a set-off against the plaintiffs’ claim for improvements. The court erred in refusing to allow the set-off. Skimp v. Hombaek, 94 Mo. 35; Davis v. Louk, 30 Wis. 308; Parsons v. Moses, 16 Iowa, 440. (3) The judgment of the circuit court is in direct…
1Opinion of the CourtMacfarlane, J.
This is a-proceeding by plaintiffs, who were unsuccessful defendants in an ejectment suit, to recover the value of improvements made by them upon the land, for the possession of which a judgment *275was rendered against them in favor of these defendants.
In the ejectment snit judgment was rendered in favor of defendants in this suit, and against the plaintiffs, for the possession of the land, and for $411.30 damages “together with $20 per month from this date till possession of said premises be delivered to plaintiffs, and costs.” This judgment was dated September 13, 1881.
Plaintiffs herein…
2Cases cited8 opinions
- Putnam v. RitchieNew York Court of Chancery · 1837
- Chouteau v. AllenSupreme Court of Missouri · 1881
- Hurck v. ErskineSupreme Court of Missouri · 1872
- Fenwick v. GillSupreme Court of Missouri · 1866
- Shroyer v. NickellSupreme Court of Missouri · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Patten Paper Co. v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1896
- Tourville v. Wabash RailroadSupreme Court of Missouri · 1899
- Wabash Railroad v. TourvilleSupreme Court of the United States · 1900
- Keaton v. JorndtSupreme Court of Missouri · 1914
- Snadon v. GayerMissouri Court of Appeals · 1978
36 more not listed; retrieve them via the Exa API.