Dickerson v. Chrisman
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. This was an action in the nature of an action of ejectment to recover possession of certain real estate in the town of California. The suit was instituted in February, 1856. Plaintiff claims title under a deed from one Browning, dated July 12, 1855, and recorded September 11, 1855. The plaintiff claims also rent from the defendant and compensation for waste.
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Appeal from Moniteau Circuit Court. This was an action in the nature of an action of ejectment to recover possession of certain real estate in the town of California. The suit was instituted in February, 1856. Plaintiff claims title under a deed from one Browning, dated July 12, 1855, and recorded September 11, 1855. The plaintiff claims also rent from the defendant and compensation for waste. The defendant set up as a defence to the suit that he purchased the property in controversy of said Browning on or about the 1st of May, 1855 ; that he took possession of the same and paid about eight…
1Opinion of the Court
Scott, Judge,
delivered tlie opinion of the court.
We will notice the points, on which a reversal of the judgment of the court below is sought, in the order in which they are presented in the plaintiff or appellant’s brief.
There is nothing in the objection that the court erred in not striking out the amended answer of the defendant. The answer contained the facts constituting the defence of the respondent, and it was necessary that they should have been in issue in order to determine the controversy between the parties. It is rather singular that a plaintiff should complain of the delay of a…
2Cases cited1 opinion
- Benoist v. Darby ex rel. CamdenSupreme Court of Missouri · 1848
3Cited by15 opinions
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- Grayson v. DurantSupreme Court of Oklahoma · 1914
- City of St. Louis v. LaniganSupreme Court of Missouri · 1888
- Stephenson v. KilpatrickSupreme Court of Missouri · 1901
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