Cockrill v. Woodson
U.S. Circuit Court for the District of Western Missouri
This was an action of ejectment by William F. Cockrill against Byron Woodson and Helen Woodson. The cause was heard by the court on the following agreed statement of facts: The above-named parties stipulate and agree as follows: That the ease shall be submitted to the court sitting as a jury on tbe following statement of the facts: (1) That the title to the real estate in suit was formerly in the plaintiff.
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This was an action of ejectment by William F. Cockrill against Byron Woodson and Helen Woodson. The cause was heard by the court on the following agreed statement of facts: The above-named parties stipulate and agree as follows: That the ease shall be submitted to the court sitting as a jury on tbe following statement of the facts: (1) That the title to the real estate in suit was formerly in the plaintiff. (2) That in 1885 the plaintiff, who was at the time the husband of the female defendant, conveyed said real estate to said female defendant by an ordinary warranty deed, for the…
1Opinion of the Court
PHILIPS, District Judge.
This case is submitted on an agreed statement of facts filed herein. It being an action of ejectment, the plaintiff must recover upon the strength of his own title. It being a possessory action, the legal title to the property must be in him at the time of the institution of suit. And, of course, if the legal title, carrying with it the right of possession, be not in him at the time of the institution of suit, he cannot recover. So that the question to be decided by the court is whether or not the legal title and the right of possession at law were in the plaintiff…
2Cases cited8 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Jackson Ex Dem. St. John v. ChewSupreme Court of the United States · 1827
- State ex rel. Denison v. City of St. LouisSupreme Court of Missouri · 1886
- Small v. FieldSupreme Court of Missouri · 1890
- Roberts v. MoseleySupreme Court of Missouri · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wilkerson v. PowellSupreme Court of Arkansas · 1927