Wicker v. Waldemath

Defendant Arthur Vogel appeals from a judgment entered on a jury verdict finding that plaintiff-appellee, Jack Wicker, had “the right of possession” to certain land adjacent to the Missouri River. Wicker’s “Petition in Ejection” prayed for “judgment for delivery of possession of the [land], for an accounting, for damages for withholding possession of such premises, for a writ of assistance to place the Plaintiff in possession... and for costs_”

In Vogel’s amended answer and counterclaim, he asserted that he owned the land pursuant to a Missouri title. He claimed that even if the land was…