Idalia Realty & Development Co. v. Norman
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Eon. W. S. C. Walker, Judge. (1) The court erred in refusing td give for defendant instructions in the nature of peremptory instructions to find for the defendant.
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Appeal from Stoddard Circuit Court. — Eon. W. S. C. Walker, Judge. (1) The court erred in refusing td give for defendant instructions in the nature of peremptory instructions to find for the defendant. The contract offered in evidence by plaintiff between S. B. Hunter and the defendant "W. W. Norman, is not in contemplation of law a lease, but said contract operated legally to transfer to the defendant a beneficial right in the land itself, namely, the right to occupy said land and remove timber therefrom until his sawmill located thereon ceased to be operated and was removed from the land in…
1Opinion of the Court
BROWN, C.
This is ejectment. Petition filed in the Stoddard Circuit Court August 21,1911, and original summons issued August 25, 1911, but was not served. Alias summons issued December 13, and served on defendant December 15.
The original petition is, omitting caption and signature, in words and figures following:
“Plaintiff states that it is a corporation "organized and existing under the laws of the State of Missouri.
“Plaintiff states that on the 16th day of August, 1911, it was entitled to the possession of the following described premises, to-wit: The southeast quarter of the southeast…
2Cases cited4 opinions
- Barton v. MurrainSupreme Court of Missouri · 1858
- Idalia Realty & Development Co. v. NormanSupreme Court of Missouri · 1911
- Potter v. AdamsSupreme Court of Missouri · 1898
- McAnaw v. ClarkSupreme Court of Missouri · 1902
3Cited by3 opinions
- Matthews v. Citizens BankSupreme Court of Missouri · 1932
- Norman's Land & Manufacturing Co. v. Idalia Realty & Development Co.Missouri Court of Appeals · 1920
- Jennings v. CherrySupreme Court of Missouri · 1923