Dyer v. Krackauer
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. This is an action at law, in the strict sense of the term, under the statute, section 3562 (Harrington v. TJtterbach, 57 Mo. 519 and 521), and is distinct from an equitable action, examples of which are to be found in Taylor v. Ulrici (19 Mo. 89) and Pattison v. McOamant (28 Mo. 210). The court erred in excluding the evidence of title offered by appellants, as the statute specifically required them to set forth their…
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Appeal from the St. Louis Circuit Court, Thayer, J. This is an action at law, in the strict sense of the term, under the statute, section 3562 (Harrington v. TJtterbach, 57 Mo. 519 and 521), and is distinct from an equitable action, examples of which are to be found in Taylor v. Ulrici (19 Mo. 89) and Pattison v. McOamant (28 Mo. 210). The court erred in excluding the evidence of title offered by appellants, as the statute specifically required them to set forth their estate, showing that it was at least an unexpired term of ten years, and they could not have recovered without evidence of…
1Opinion of the CourtLewis, P. J.
This is a proceeding to quiet title, under section 3562 of the Eevised Statutes. The circuit court gave judgment for the defendant.
The two lots in controversy have never been occupied otherwise than by the several acts of fencing hereinafter described. The plaintiffs undertook to show a chain of title to the fee in themselves, of a larger tract, including these lots, and an actual occupancy by their tenants of other lots within the tract, but not in the same block with the lots in controversy. The court properly excluded this testimony. There is no question about title in this proceeding. All…
2Cited by4 opinions
- Dyer v. BaumeisterSupreme Court of Missouri · 1885
- Hughey v. WinborneSupreme Court of Florida · 1902
- Apperson v. AllenMissouri Court of Appeals · 1890
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