Patillo v. Martin
Missouri Court of Appeals
Appeal from Ozark Circuit Court. — No». Asberry Burkhead, Judge. (1) The court erred in striking out the appellants’’ answer.
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Appeal from Ozark Circuit Court. — No». Asberry Burkhead, Judge. (1) The court erred in striking out the appellants’’ answer. The appellants undoubtedly had the right to ask the court leave to relinquish the land to the occupying claimant, and to recover the value thereof, aside from the improvements, and the appellants having filed their answer asking to relinquish their right to the occupying claimant, it was the duty of the court to ascertain the value of the land, and if the value of the improvements exceeded that of the land, it should! have ordered the occupying claimant to take the…
1Opinion of the CourtBland, P. J.
Omitting caption, the petition is as follows:
“Plaintiff for his cause of action states that defendants herein instituted suit in ejectment against *656said plaintiff in the circuit court of this county for the possession of the south half of the northwest quarter and southwest quarter of the northeast quarter and northwest quarter of the southeast quarter, section 32, township 23, range 12, on July 7, .1902; that at the August term, 1902, of this court said' cause was tried and judgment rendered against this plaintiff and in favor of the defendants for the possession of such premises.
“Plaintiff…
Also in this document: Concurrence.
2Cases cited5 opinions
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Evans v. SnyderSupreme Court of Missouri · 1877
- Mobley v. NaveSupreme Court of Missouri · 1878
- Hannibal & St. Joseph Railroad v. ShortridgeSupreme Court of Missouri · 1885
3Cited by7 opinions
- Mesirow v. DugganCourt of Appeals for the Eighth Circuit · 1957
- Connecticut Mutual Life Insurance v. CarsonMissouri Court of Appeals · 1914
- Jones v. McGinley Land Co.Missouri Court of Appeals · 1934
- Waller v. GeorgeSupreme Court of Missouri · 1929
- Mesirow v. DugganCourt of Appeals for the Eighth Circuit · 1957
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