Miller v. Breneke
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. D. L. Hawkins, Judge. (1) Irrespective of the question as to whether the one or the other of the two lines spoken of is the correct line between lots 4 and 5, the judgment should have been for the defendant under the statute of limitations. Majors n.
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Appeal from Cape Girardeau Circuit Court. — Hon. D. L. Hawkins, Judge. (1) Irrespective of the question as to whether the one or the other of the two lines spoken of is the correct line between lots 4 and 5, the judgment should have been for the defendant under the statute of limitations. Majors n. Rice, 57 Mo. 384; Hamilton v. West, 63 Mo. 93; Walbrunn v. Ballew, 68 Mo. 164; Cole v. Parker, 70 Mo. 372. (2) The lots were subdivisions of a survey, not section land, and were sold as lots or by number, and the only way to discover the true line was to determine where the line had been located at…
1Opinion of the Court
Philips, C.
This is an action of ejectment, tried by the court sitting as a jury.. Petition is in the usual form of an'action of ejectment. The answer tendered the general issue, and further pleaded matter of defence in the nature of an estoppel, and the statute of limitation. The court found the issue for the plaintiff, and rendered judgment accordingly. Prom this judgment the defendant prosecutes this appeal.
On the trial the defendant made some objection to the admissibility of certain evidence, but even this objection was not preserved in the motion for a new trial. No instructions were…
2Cases cited6 opinions
- Harrison v. BartlettSupreme Court of Missouri · 1872
- Cunningham v. SnowSupreme Court of Missouri · 1884
- Easley v. ElliottSupreme Court of Missouri · 1869
- Wilson v. North Missouri RailroadSupreme Court of Missouri · 1870
- Conran v. SellewSupreme Court of Missouri · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bray v. KrempSupreme Court of Missouri · 1893
- Green's Bank v. WickhamMissouri Court of Appeals · 1886
- Taylor v. CayceSupreme Court of Missouri · 1888
- Patterson v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1892
- People's National Bank v. Central Trust Co.Supreme Court of Missouri · 1904
14 more not listed; retrieve them via the Exa API.