Falconer v. Roberts
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — J. L. Mibick, Esq., Special Judge. (1) The court erred in assessing the damages. There is no evidence that the land not in cultivation was worth anything. See sec. 2252, R. S. ; liobicloux v. Casseleggi, 81 Mo. 459. (2) The instructions for plaintiff, if given by the court as shown by the record, are wholly unauthorized by the law or the facts. (3) Defendant’s first instruction should have been given.
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Appeal from Carroll Circuit Court. — J. L. Mibick, Esq., Special Judge. (1) The court erred in assessing the damages. There is no evidence that the land not in cultivation was worth anything. See sec. 2252, R. S. ; liobicloux v. Casseleggi, 81 Mo. 459. (2) The instructions for plaintiff, if given by the court as shown by the record, are wholly unauthorized by the law or the facts. (3) Defendant’s first instruction should have been given. Plaintiff cannot recover on this petition against his co-tenant. Northrup v. Wright, 24 Wend. 221; Lapeyre v. Paul, 47 Mo. 586 ; Warfield v. Lindell, 30 Mo.…
1Opinion of the CourtRat, J.
This is an action of ejectment to recover certain described land in Carroll county, Missouri. The petition is in the usual form. The answer admits the possession of defendant, and is otherwise a general denial. The cause was tried before Hon. John L. Mirick, sitting as a special judge, and was tried by the court without the intervention of a jury. The court found for the plaintiff for an undivided one-third of the land described in the petition; assessed the damages at the sum of two hundred dollars, and the rents and profits at the sum of $16.66| per month, and rendered judgment in the usual…
2Cases cited3 opinions
- Peterson v. LaikSupreme Court of Missouri · 1857
- La Riviere v. La RiviereSupreme Court of Missouri · 1883
- Harrison v. TaylorSupreme Court of Missouri · 1862
3Cited by5 opinions
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
- Keller v. KellerSupreme Court of Missouri · 1936
- Minton v. SteeleSupreme Court of Missouri · 1894
- Goodwin v. Costello and ArelloMissouri Court of Appeals · 1948
- Fallin v. McClainMissouri Court of Appeals · 1983