Bird v. Sellers
Supreme Court of Missouri
Appeal from Gentry Circuit Court. — Hon. C. A. Anthony, Judge. (1) Tbe petition only alleged and prayed judgment for damages in tbe sum of $100; it was therefore error for the court to render judgment for damages in the sum of $260. Carr v. Edwards, 1 Mo. 137 (Marg.); ' Hay ton v. Hope, 3 Mo. 53; Maupinv. Triplett, 5 Mo. 422; Moore v. -Dixon, 50 Mo. 424; Armstrong v. St. Louis, 3 Mo.. App. 100; Poulson v. Collier, 18 Mo. App. 605, loe. cit.; Carter v. Shotwell, 42 Mo.
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Appeal from Gentry Circuit Court. — Hon. C. A. Anthony, Judge. (1) Tbe petition only alleged and prayed judgment for damages in tbe sum of $100; it was therefore error for the court to render judgment for damages in the sum of $260. Carr v. Edwards, 1 Mo. 137 (Marg.); ' Hay ton v. Hope, 3 Mo. 53; Maupinv. Triplett, 5 Mo. 422; Moore v. -Dixon, 50 Mo. 424; Armstrong v. St. Louis, 3 Mo.. App. 100; Poulson v. Collier, 18 Mo. App. 605, loe. cit.; Carter v. Shotwell, 42 Mo. App. 665, loc. cit.; Popev. Salmon, 35 Mo. 365. (2) This error being apparent on the face of the record, may be taken…
1Opinion of the CourtBiuce, J.
This is an action in ejectment for the recovery of forty acres of land in Gentry county. The ■case has been here before and is reported in 113 Mo. ■580. It is admitted that the legal title is in plaintiff nnless it has been divested by the tax deed set out in the opinion on the former appeal, under which defendant claims. This deed duly executed by the collector *29of Gentry county was recorded in said county on the-twentieth day of February, 1877. This suit was commenced on the twenty-seventh day of June, 1889. It. is agreed that the defendant went into the actual possession of the lands in…
2Cases cited11 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Rutledge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Mason v. CrowderSupreme Court of Missouri · 1885
- Keith v. KeithSupreme Court of Missouri · 1888
- Blodgett v. SchafferSupreme Court of Missouri · 1888
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3Cited by26 opinions
- Johnson v. Cadillac Motor Car Co.Court of Appeals for the Second Circuit · 1919
- Pennington v. GillaspieWest Virginia Supreme Court · 1910
- Kimball v. Grantsville CityUtah Supreme Court · 1899
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1898
- Horton v. GentrySupreme Court of Missouri · 1948
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