Granby Mining & Smelting Co. v. Davis
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Hon. J. O. Lamson, Judge. (1) Defendant’s answer admitted bis possession of tbe land sued for and tbe case was tried on tbis answer. Tbe plaintiff proved its title to tbe land and asked tbe court to instruct tbe jury to find for plaintiff. Tbe court refused to do tbis and tbe jury returned a verdict for defendant.
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Appeal from Newton Circuit Court. — Hon. J. O. Lamson, Judge. (1) Defendant’s answer admitted bis possession of tbe land sued for and tbe case was tried on tbis answer. Tbe plaintiff proved its title to tbe land and asked tbe court to instruct tbe jury to find for plaintiff. Tbe court refused to do tbis and tbe jury returned a verdict for defendant. Plaintiff filed its motion for new trial and on tbe bearing of tbis motion, some two weeks after tbe trial, tbe court permitted defendant to file an amended answer denying bis possession. Tbis court in Harrison’s Adm’r v. Hastings, 28 Mo. 346,…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment for a tract of land in Newton county described by metes and' bounds as follows, to-wit: “Being a tract of land one and one-half feet wide at the north end and two and one-quarter feet wide at the south end, off of the west side of the northwest quarter of the southeast quarter of section 12, township 25, range 31.”
*425The original answer is in these words: “Defendant for answer denies each and every allegation in the plaintiff’s petition, except he admits that he is and long has been in' possession.”'
The cause was tried by the court and jury at the December term,…
2Cases cited3 opinions
- Ittner v. HughesSupreme Court of Missouri · 1896
- Mayor of Liberty v. BurnsSupreme Court of Missouri · 1893
- Fahy v. GordonSupreme Court of Missouri · 1896
3Cited by5 opinions
- Dolphin v. KlannSupreme Court of Missouri · 1912
- Lawler v. Counties of RiceSupreme Court of Minnesota · 1920
- Citizens Bank v. OaksMissouri Court of Appeals · 1914
- Woods v. JohnsonSupreme Court of Missouri · 1915
- Eversmeyer v. BroylesSupreme Court of Missouri · 1919