Collins v. Andriano
Supreme Court of Missouri
Appeal from Buchanan Circuit Court . — Hon. W. R. Amick, Judge. (1) By the statute (Sec. 2387), as well as by general rules of pleading, plaintiff was required to describe the premises he seeks to recover possession of. Livingston Co. v. Morris, 71 Mo. 603; Brieken v. Cross, 140' Mo. 166. In territorial measurement “strip” implies a piece of land having more length than breadth.
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Appeal from Buchanan Circuit Court . — Hon. W. R. Amick, Judge. (1) By the statute (Sec. 2387), as well as by general rules of pleading, plaintiff was required to describe the premises he seeks to recover possession of. Livingston Co. v. Morris, 71 Mo. 603; Brieken v. Cross, 140' Mo. 166. In territorial measurement “strip” implies a piece of land having more length than breadth. This description is no better than “all that part of the east half . . . containing sixteen acres, more or less.” County v. Morris, 71 Mo. 603. The petition describes nothing. Kyser v. Cannon, 29 Ohio St. 350. Is…
1Opinion of the CourtParis, P. J.
Plaintiff brought ejectment in the circuit court of Buchanan county and had judgment. Defendant appealed for that the record is erroneous. There is no bill of exceptions. The errors urged are alleged to be in the petition, and in the verdict. The petition, omitting the prayer for judgment and formal parts, is as follows:
“Comes now the'plaintiff, and for his cause of action states that he and his wife, Agnes Collins, are the owners by the entirety of lot 23 and the east ten feet of lot 22, in block 3, Landis ’ addition to the city of St. Joseph, Buchanan county, Missouri, and on and prior to…
2Cases cited9 opinions
- Holly River Coal Co. v. HowellWest Virginia Supreme Court · 1892
- Griffin v. HallSupreme Court of Alabama · 1895
- Hart v. Harrison Wire Co.Supreme Court of Missouri · 1886
- Buesing v. ForbesSupreme Court of Florida · 1894
- Tracy v. HarmonMontana Supreme Court · 1896
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3Cited by5 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Hecker v. BleishSupreme Court of Missouri · 1928
- Tillman v. HutchersonSupreme Court of Missouri · 1941
- State Ex Rel. County of Mississippi v. StallingsSupreme Court of Missouri · 1968
- Goico v. Russell & Co.Court of Appeals for the First Circuit · 1925