Sackman v. Sackman
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — Hon. E. J. Beoaddus, Judge. (1) The allegations in the petition and the judgment'of the court simply for the recovery of the land, with damages, costs, and value of the monthly rents and profits, as allowed only in ejectment suits by statute, without decreeing the legal title in plaintiff, make it manifest that the case was tried by the circuit court on the theory that it was a suit at .law in ejectment, and not a proceeding in equity or…
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Appeal from Caldwell Circuit Court. — Hon. E. J. Beoaddus, Judge. (1) The allegations in the petition and the judgment'of the court simply for the recovery of the land, with damages, costs, and value of the monthly rents and profits, as allowed only in ejectment suits by statute, without decreeing the legal title in plaintiff, make it manifest that the case was tried by the circuit court on the theory that it was a suit at .law in ejectment, and not a proceeding in equity or under the married woman’s statute; and this involves manifest error as gleaned from the face of the petition and the…
1Opinion of the CourtWilliams, J.
This controversy is between the wife upon one side, and her husband and his tenant upon the other. It is concerning the possession of *581eighty acres of land conveyed April 10, 1894, by defendant, Rufus 0. Saekman, to his wife, the plaintiff in this action. Plaintiff .prevailed in the trial court, and defendants appealed.
The facts upon which we rest our judgment will sufficiently appear in the opinion. The points relied upon by appellant will be considered in the order in which they are presented upon the record.
I. Defendants, at the trial, interposed an objection to the introduction of any…
2Cases cited8 opinions
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Turner v. ShawSupreme Court of Missouri · 1888
- Pitts v. SheriffSupreme Court of Missouri · 1891
- Roberts v. WalkerSupreme Court of Missouri · 1884
- Barclay v. PlantSupreme Court of Alabama · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dennis v. PerkinsSupreme Court of Kansas · 1913
- In Re Estate of Henry WoodSupreme Court of Missouri · 1921
- Thomas v. TylerTexas Commission of Appeals · 1928
- Tyler v. ThomasCourt of Appeals of Texas · 1927
- Propes v. PropesMissouri Court of Appeals · 1903
3 more not listed; retrieve them via the Exa API.