Kimmel v. Benna
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas — Hon. Hamilton G. Wilson, Judge. 1. The reasons for the common law rule that one action in ejectment is no bar to another action upon the same cause of action, have ceased to exist, and the rule should cease also. The ancient fiction of the confession of lease, entry and-ouster, is wholly ignored by our statutes, and may be said to be positively forbidden.
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Appeal from Cape Girardeau Court of Common Pleas — Hon. Hamilton G. Wilson, Judge. 1. The reasons for the common law rule that one action in ejectment is no bar to another action upon the same cause of action, have ceased to exist, and the rule should cease also. The ancient fiction of the confession of lease, entry and-ouster, is wholly ignored by our statutes, and may be said to be positively forbidden. There should be in consideration of public policy and settled law, an end to litigation, and when the same cause of action has once been litigated and decided, there ought to be an end to…
1Opinion of the Court
Napton, J. —
This was an action of ejectment, tried in the Cape Girardeau court of common pleas, to which court it was taken from Scott county. The petition averred an unlawful entry of defendant on the 5th day of January, 1874, on the northwest quarter of section 30, township 30, range 14 east, and was filed August 1st, 1874.
In addition to general denials, the answer set up as a *55defense that on the 28th day of September, 1850, the land Claimed in the petition was donated by the United States to the State of Missouri, as swamp land, and was subsequently by an act of the Legislature passed the…
2Cases cited7 opinions
- Smith v. SherwoodSupreme Court of Connecticut · 1822
- Bogy v. ShoabSupreme Court of Missouri · 1850
- Sturdy v. JackawaySupreme Court of the United States · 1867
- Carter v. ScaggsSupreme Court of Missouri · 1866
- Valle v. ClemensSupreme Court of Missouri · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cantrell v. City of CaruthersvilleSupreme Court of Missouri · 1949
- Brawford v. WolfeSupreme Court of Missouri · 1890
- Stone v. PerkinsSupreme Court of Missouri · 1909
- Avery v. FitzgeraldSupreme Court of Missouri · 1887
- Sutton v. DameronSupreme Court of Missouri · 1889
14 more not listed; retrieve them via the Exa API.