Cooley v. Warren
Supreme Court of Missouri
Appeal from the Court of Common Pleas of Lafayette ■ County. I. The description in the deed is so contradictory and uncertain, that neither the court, nor defendants can know what specifie land is sued for, nor where it lies. (MeClean vs. Martin, 45 Mo. 393.) II. There was a misdescription and no title passed. (Hartt vs. Reetor, 13 Mo. 505.) III. A judgment or decree can only bind parties and privies.
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Appeal from the Court of Common Pleas of Lafayette ■ County. I. The description in the deed is so contradictory and uncertain, that neither the court, nor defendants can know what specifie land is sued for, nor where it lies. (MeClean vs. Martin, 45 Mo. 393.) II. There was a misdescription and no title passed. (Hartt vs. Reetor, 13 Mo. 505.) III. A judgment or decree can only bind parties and privies. (1 Starlde, 186, 191-2.) Defendant holds by purchase at execution sale, and had no notice, actual or constructive. (Young vs. Coleman, 43 Mo. 183; Chapman vs. Chajunan, 16 Man-ford, 398; Wood…
1Opinion of the CourtWagner, Judge
In this case, notwithstanding the lengthy and voluminous record, the issues presented for our consideration are narrowed down to a small compass. The only distinct ground set forth in the motion for a new trial, relates to the action of the court in its roiling on the admissibility of testimony. The action *168was ejectment to recover tbe possession of certain promises, and both parties claimed under a common grantor as the original source of title. If the plaintiff’s title was good, it constituted the prior and the better one. The land in controversy belonged to one Ewing, who borrowed money…
2Cases cited3 opinions
- Brown v. HugerSupreme Court of the United States · 1859
- Rutherford v. TracySupreme Court of Missouri · 1871
- Fenwick v. GillSupreme Court of Missouri · 1866
3Cited by16 opinions
- Shewalter v. PirnerSupreme Court of Missouri · 1874
- Irwin v. KilburnIndiana Supreme Court · 1885
- Mitchner v. HolmesSupreme Court of Missouri · 1893
- State ex rel. Lafayette County v. O'GormanSupreme Court of Missouri · 1882
- West v. BretelleSupreme Court of Missouri · 1893
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