Phillips v. Phillips
Supreme Court of Missouri
Appeal from, New Madrid Circuit Court. — Hon. IT. 0. O’Betan, Judge. (1) The evidence clearly shows that defendant did mot live on the farm, and that it was,occupied by his tenants at the institution of the suit. The tenants •should have been joined as defendants. Ins. Co. v. Cummings, 90 Mo. 267; s. c., 13 Mo. App. 76; R. S. 1879, secs. 2243 and 2247. (2) The court erred in refusing declaration- of law, numbered 1, as asked by defendant. Authorities, szopra.
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Appeal from, New Madrid Circuit Court. — Hon. IT. 0. O’Betan, Judge. (1) The evidence clearly shows that defendant did mot live on the farm, and that it was,occupied by his tenants at the institution of the suit. The tenants •should have been joined as defendants. Ins. Co. v. Cummings, 90 Mo. 267; s. c., 13 Mo. App. 76; R. S. 1879, secs. 2243 and 2247. (2) The court erred in refusing declaration- of law, numbered 1, as asked by defendant. Authorities, szopra. (3) The court erred in not giving declaration of law, numbered 2, as asked by defendant. If as hypothecated in the instruction…
1Opinion of the CourtBlack, J.
This is an action of ejectment for several hundred acres of land. The court sitting as a jury gave-judgment for plaintiff, and defendant appealed.
Shapley Phillips, who was the father of the'defendant and the grandfather of the plaintiff, died leaving a large landed estate which was partitioned in 1870. The plaintiff acquired the land sued for in severalty by that proceeding. The defendant was the guardian of the plaintiff, and as such had charge of the land in suit down to March 25, 1887, at which date the plaintiff became of age. The plaintiff then demanded possession which demand was…
2Cited by4 opinions
- Mann v. DoerrSupreme Court of Missouri · 1909
- Kunze v. EvansSupreme Court of Missouri · 1895
- Llewellyn v. LlewellynSupreme Court of Missouri · 1907
- Wittenberg v. FisherMissouri Court of Appeals · 1914