Lee v. Conran
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Row. W. G. Russell, Special Judge. (1) The court erred in overruling defendant’s application for a jury to try the question of fact under the pleadings. Defendant set up in his answer that the land in suit was such as is designated in article 6 of chapter 122, Eevised Statutes 1899; and that he had bought same from New Madrid county.
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Appeal from New Madrid Circuit Court. — Row. W. G. Russell, Special Judge. (1) The court erred in overruling defendant’s application for a jury to try the question of fact under the pleadings. Defendant set up in his answer that the land in suit was such as is designated in article 6 of chapter 122, Eevised Statutes 1899; and that he had bought same from New Madrid county. Under this answer it was a question of fact — Was it an island or not? Was it an accretion to plaintiff’s land on the old river bank or not? Under the pleadings, which was the issue tendered by defendant, the defendant…
1Opinion of the CourtWoodson, J.
This suit is based upon section 650,’ Revised Statutes 1899, to determine and quiet title to the lands described in the petition.
The petition, in substance, alleges that the plaintiff is the owner of the lands in fee simple; that no one is in possession of same, except that he has from time to time cut and removed timber therefrom; that the defendant claims some title, estate or interest in and to the same, the nature and character of which claim is not known to plaintiff, and for that reason it cannot be described, except that it is adverse and prejudicial to the plaintiff.
Omitting the…
2Cases cited2 opinions
- Culbertson v. HillSupreme Court of Missouri · 1885
- Dobbins v. HumphreysMissouri Court of Appeals · 1902
3Cited by48 opinions
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- State Ex Rel. Diehl v. O'MALLEYSupreme Court of Missouri · 2003
- Koehler v. RowlandSupreme Court of Missouri · 1918
- Estate of Overbey v. Chad Franklin National Auto Sales North, LLCSupreme Court of Missouri · 2012
- Hecker v. BleishSupreme Court of Missouri · 1928
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