Legal Opinion

Schuster v. Myers

Supreme Court of Missouri

Decided March 7, 1899PublishedCited by 6 opinions

Appeal from Sullivan Circuit Court. — Hon. W. W. NucKer, Judge. (1) Tbe plaintiff, to be entitled to recover in this case, bad to sbow legal title in bimself to tbe strip of ground sued for. Kingman & Oo. v. Sievers, 143 Mo. 525; Olay y. Mayr, 144 Mo. 380; Cox v. Arnold, 129 Mo. 387; Eord y. Erencb, 72 Mo. 250; West y. Bretelle, 115 Mo. 661; Howard v. Tracy, 118 Mo. 639; E. S. 1889, sec. 4626. The quitclaim deed from the Pfeiffer heirs to the plaintiff conveyed nothing.

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Appeal from Sullivan Circuit Court. — Hon. W. W. NucKer, Judge. (1) Tbe plaintiff, to be entitled to recover in this case, bad to sbow legal title in bimself to tbe strip of ground sued for. Kingman & Oo. v. Sievers, 143 Mo. 525; Olay y. Mayr, 144 Mo. 380; Cox v. Arnold, 129 Mo. 387; Eord y. Erencb, 72 Mo. 250; West y. Bretelle, 115 Mo. 661; Howard v. Tracy, 118 Mo. 639; E. S. 1889, sec. 4626. The quitclaim deed from the Pfeiffer heirs to the plaintiff conveyed nothing. Where two lots or parcels of ground are separated by a line only, as in this case, a description is absurd and meaningless…

1Opinion of the CourtBurg-Ess, J.

The petition in this case is in two counts, the first in ejectment for the possession of a strip of land fronting south on the public square in the town of Green City, Sullivan county, three feet in width and one hundred and thirty feet in length, lying and being immediately adjoining lot five on the west, and off of the east side of lot four in block three in said town. The second count is for injunctive relief, alleging as ground therefor that defendants were then excavating for the purpose of erecting a brick store house partly upon the land in question of which plaintiff is the owner, and…

2Cases cited2 opinions

  1. DeReamer v. Pacific Express Co.Supreme Court of Missouri · 1884
  2. McKinzie v. MathewsSupreme Court of Missouri · 1875

3Cited by6 opinions

  1. Doty v. Village of JohnsonSupreme Court of Vermont · 1910
  2. Kansas City Power & Light Company v. RissMissouri Court of Appeals · 1958
  3. La Mesa Community Ditch v. AppelzoellerNew Mexico Supreme Court · 1914
  4. Andres v. ToddMissouri Court of Appeals · 1956
  5. Vogt v. WoodyMissouri Court of Appeals · 1953

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