Stafford v. Fizer
Supreme Court of Missouri
Appeal from Saline Circuit Court. — IIon. J. P. Strotiifr, Judge. (1) The suit was prematurely brought. To have entitled plaintiff to recover, it was necessary for her to show that at the time of the commencement of the suit, defendants were in possession and that plaintiff had the right to the possession. R. S. 1879, § 2247. This was dearly neg.atived by the stipulation in the contract.
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Appeal from Saline Circuit Court. — IIon. J. P. Strotiifr, Judge. (1) The suit was prematurely brought. To have entitled plaintiff to recover, it was necessary for her to show that at the time of the commencement of the suit, defendants were in possession and that plaintiff had the right to the possession. R. S. 1879, § 2247. This was dearly neg.atived by the stipulation in the contract. In this state, plaintiff" cannot recover in ejectment unless the “legal title was vested in him at the time of bringing the suit.” Norfleet v. Bussell, 64 Mo. 176; Ford v. French, 72*Mo. 250; Dunlap v. Henry,…
1Opinion of the Court
Martin, C.
This was an action in ejectment in the usual form, for eighty acres of land, and was commenced February 20th, 1880. James A. Clark was the common source of title. The plaintiff, Mary E. Stafford, claimed as purchaser at execution sale effected on the 30th of October, 1878. This sale was in pursuance of a judgment in a certain proceeding commenced on the 18th day of June, 1878, by the collector of Saline county, against James A. Clark, J. Y. Stearne, trustee, and Daniel White, guardian of W. E. White, the object of which was to enforce the lien of the State for taxes upon said land…
2Cases cited16 opinions
- Vance v. CorriganSupreme Court of Missouri · 1883
- Gower v. WinchesterSupreme Court of Iowa · 1871
- Valentine v. HavenerSupreme Court of Missouri · 1854
- Dunlap v. County of GallatinIllinois Supreme Court · 1853
- Cooper v. CorbinIllinois Supreme Court · 1882
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3Cited by33 opinions
- Morey Engineering & Construction Co. v. St. Louis Artificial Ice Rink Co.Supreme Court of Missouri · 1912
- Gitchell v. KreidlerSupreme Court of Missouri · 1884
- Williams v. HudsonSupreme Court of Missouri · 1887
- Allen v. McCabeSupreme Court of Missouri · 1887
- Jaicks v. SullivanSupreme Court of Missouri · 1895
28 more not listed; retrieve them via the Exa API.