Smith v. Royse
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. Jno. P. Butter, Judge. (1) There was no evidence tending to prove that respondent was an heir at law of William Downey, deceased; hence the judgment should have been for appellants. (2) (a) Respondent was not entitled to damages.
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Appeal from Carroll Circuit Court. — Hon. Jno. P. Butter, Judge. (1) There was no evidence tending to prove that respondent was an heir at law of William Downey, deceased; hence the judgment should have been for appellants. (2) (a) Respondent was not entitled to damages. If respondent was the. owner of the land at the time of her marriage in 1871, her husband, by virtue of his marriage with her, was the owner of the rents, issues and profits of the land and was entitled to the possession thereof from the date of his marriage to respondent in 1871, until the date of his death in October, 1896,…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment instituted in the Carroll Circuit Court on October 2, 1897, in which the plaintiff sues to recover possession of the undivided one-fourth of the northeast quarter of the southeast quarter of section 2, township 52, range 25, in Carroll county, of the possession of which she alleges she was ousted by her co-tenant, the defendant Eoyse, on February 12, 1896. The answer was a general denial. The judgment was in favor of the plaintiff and for damages in the sum of $125, and for $2 per month the value of the monthly rents and profits, and the defendants appeal.
The…
2Cases cited9 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Gaines v. FenderSupreme Court of Missouri · 1884
- State ex rel. St. Joseph & Iowa Rail Road v. County CourtSupreme Court of Missouri · 1873
- Sutter v. RaederSupreme Court of Missouri · 1899
- Mays v. PryceSupreme Court of Missouri · 1888
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3Cited by9 opinions
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- Germo Manufacturing Co. v. CombsSupreme Court of Missouri · 1921
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