Parker v. Cassingham
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. E. J, Broaddus, Judge. (1) As both parties claimed under Wm. Humphreys, it was not necessary to show title from the government to plaintiff. (2) The title to the strip in controversy under the deed to defendants remained in Humphreys. Shep., Touchstone, 79, 86, 88; Bogy v. Shoal, 33 Mo. 272; Banclall v. Randall, 59 Mo. 399; Allen v. Scott, 21 Pick. 25. (3) Defendants had the entire tract inclosed when they accepted Humphrey’s’ deed.
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Appeal from Carroll Circuit Court. — Hon. E. J, Broaddus, Judge. (1) As both parties claimed under Wm. Humphreys, it was not necessary to show title from the government to plaintiff. (2) The title to the strip in controversy under the deed to defendants remained in Humphreys. Shep., Touchstone, 79, 86, 88; Bogy v. Shoal, 33 Mo. 272; Banclall v. Randall, 59 Mo. 399; Allen v. Scott, 21 Pick. 25. (3) Defendants had the entire tract inclosed when they accepted Humphrey’s’ deed. They put in the gates, that the owner of the strip might pass out to the road, and they were maintained until 1891.…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment to recover a strip of land fifteen feet wide off of the south side of the southwest quarter of the southwest quarter of section 5, township 54, range 21, in Carroll county. The answer was a general denial. The verdict was for *350the plaintiff, which was set aside, and a new trial granted, on motion of the defendant, on the following grounds specified on the record to wit: “Because the court erred in giving and refusing proper instructions; the verdict was against the law as declared by the court, and against the evidence.”
1. One of the grounds specified for…
2Cases cited2 opinions
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
3Cited by11 opinions
- McCloskey v. Pulitzer Publishing Co.Supreme Court of Missouri · 1901
- Thompson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1897
- Liew v. Barrett & Barrett Beverage Co.Supreme Court of Missouri · 1898
- Stewart ex rel. Stewart v. ToddMissouri Court of Appeals · 1902
- Friedman v. Pulitzer Publishing Co.Missouri Court of Appeals · 1903
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