Marlow v. Liter
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Son. Leigh B. Woodside, Judge. STATEMENT OE THE CASE. This suit is the sequel to one in ejectment in which the plaintiff herein was defeated. It was instituted to recover certain betterments to the real estate, the title to which was adjudged adversely in the ejectment.
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Appeal from Phelps Circuit Court. — Son. Leigh B. Woodside, Judge. STATEMENT OE THE CASE. This suit is the sequel to one in ejectment in which the plaintiff herein was defeated. It was instituted to recover certain betterments to the real estate, the title to which was adjudged adversely in the ejectment. The answer denied the statutory grounds of recovery alleged in the petition and prayed that, in the event any recovery was had, it should be offset by the rents and profits recovered in the ejectment. There was a verdict for the plaintiff for $200, upon which the court rendered a personal…
1Opinion of the CourtBond, J.
The answer did not ask to recover the value of the land aside from the improvements, nor tender the land for that purpose to the improver. R. S. 1899, sec. 3075; Cox v. McDivit, 125 Mo. 358. Hence, the only issue tendered by it was the value of the improvements put upon the land by the *588occupying claimant in-good faith and before notice of the adverse title of the defendant. Erom the amount of the finding on this issue, the court should have deducted the rents and profits or other damages, if any, recovered in the previous action of ejectment, and for the balance thus ascertained, should have…
2Cases cited4 opinions
- Stump v. HornbackSupreme Court of Missouri · 1891
- Lee v. BowmanSupreme Court of Missouri · 1874
- Russell v. DefranceSupreme Court of Missouri · 1867
- Cox v. McDivitSupreme Court of Missouri · 1894
3Cited by6 opinions
- Snadon v. GayerMissouri Court of Appeals · 1978
- Richmond v. AshcraftMissouri Court of Appeals · 1909
- Raney v. Home InsuranceMissouri Court of Appeals · 1922
- State ex rel. Shaul v. JonesMissouri Court of Appeals · 1960
- Michalski v. GraceMissouri Court of Appeals · 1910
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