Moore v. Harris
Supreme Court of Missouri
Appeal from Scott Circuit Court. —Hon. J. D. Foster, Judge. (1) The court erred in giving plaintiff the instruction numbered two. His petition shows that the action was brought under section 2240, Revised Statutes, and not under section 2241. Hence it was error to tell the jury that plaintiff had the better and paramount title. Plaintiff could only recover on his own legal title. Large n.
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Appeal from Scott Circuit Court. —Hon. J. D. Foster, Judge. (1) The court erred in giving plaintiff the instruction numbered two. His petition shows that the action was brought under section 2240, Revised Statutes, and not under section 2241. Hence it was error to tell the jury that plaintiff had the better and paramount title. Plaintiff could only recover on his own legal title. Large n. Fisher, 49 Mo. 307; Foster v. Evans, SI Mo.' 265, 273 ; Siglar v. Van Riper, 10 Wend. 414 ; 2 Grreenl. [13 Ed.] secs. 303, 304; Tyler on Ejectment, 71, 72. .(2) This instruction assumes as true facts which…
1Opinion of the CourtSherwood, J.
Ejectment for lot sixty-three, in the town of Benton. Both parties claim under Elizabeth Crow, as the common source of title. To show title in himself, the plaintiff, after showing title in Albion Crow, the husband of Elizabeth Crow, by a commissioner’s deed, dated October 28, 1845, next offered in evidence a deed from the collector of Scott county, Thomas S. Rhoades, to Elizabeth Crow, dated October 28, 1867, *620professing to convey to the grantee therein the lot in controversy, as the property of Albion Crow, and as sold because of delinquent taxes. Plaintiff next offered in «evidence a deed…
2Cases cited4 opinions
- Lagroue v. RainsSupreme Court of Missouri · 1871
- Large v. FisherSupreme Court of Missouri · 1872
- Spurlock v. AllenSupreme Court of Missouri · 1872
- State ex rel. Crumpacker v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1886
3Cited by9 opinions
- Charland v. Trustees of the Home for Aged WomenMassachusetts Supreme Judicial Court · 1910
- Pugh v. LingafelterCourt of Appeals for the Sixth Circuit · 1910
- Burden v. TaylorSupreme Court of Missouri · 1894
- Waldermeyer v. LoebigSupreme Court of Missouri · 1909
- Cook v. FarrahSupreme Court of Missouri · 1891
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