Turner v. Dixon
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The legal title to this one-half acre passed to the purchaser at the partition sale. Plaintiffs show no' legal title in them and can not maintain ejectment even if they had an equitable title. Eord v. French, 72 Mo. 250; Norfleet v. Eussell, 64 Mo. 170; Dunlap v. Henry, 76 Mo. 106; Hunt v. Selleck, 118 Mo. 558. (2) Defendant’s objection to the introduction of any evidence should have been sustained.
Read the full summary
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The legal title to this one-half acre passed to the purchaser at the partition sale. Plaintiffs show no' legal title in them and can not maintain ejectment even if they had an equitable title. Eord v. French, 72 Mo. 250; Norfleet v. Eussell, 64 Mo. 170; Dunlap v. Henry, 76 Mo. 106; Hunt v. Selleck, 118 Mo. 558. (2) Defendant’s objection to the introduction of any evidence should have been sustained. The ■petition does not contain a sufficient description of any land. Western v. Flanagan, 120 Mo. 61. It is not alleged that…
1Opinion of the CourtBuegess, J.
Ejectment for the possession of one-half acre of ground out of the northeast quarter of the northwest quarter of section eight, township twenty-nine of range twenty-one, being the family graveyard of one John L. McCracken in Greene county. The petition is in the usual form and the answer a general denial. The ouster is laid August 22, 1896. The case was tried by the court and jury. The trial resulted in a verdict and judgment for plaintiffs for possession of the ground. After unsuccessful motion for a new trial defendant appeals.. John L. McCracken deceased is the common source of title.…
2Cases cited10 opinions
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Cooper v. JohnsonSupreme Court of Missouri · 1884
- Hammond v. JohnstonSupreme Court of Missouri · 1887
- Condon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Webster v. BlountSupreme Court of Missouri · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Holland Land & Loan Co. v. HollandSupreme Court of Missouri · 1927
- Nalle v. ThompsonSupreme Court of Missouri · 1903