Hannibal & St. Joseph Railroad v. Clark
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Hon. John T. Redd, Judge. 1. James Clark’s declarations 'should have been excluded, because made in reference to his title and not his possession. Darrett v. Donnelly, 38 Mo. 492; McBride v. Thompson, 8 Ala. 650 ; Maus v. Sturtevant, 23 Ala.
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Appeal from Monroe Circuit Court. — Hon. John T. Redd, Judge. 1. James Clark’s declarations 'should have been excluded, because made in reference to his title and not his possession. Darrett v. Donnelly, 38 Mo. 492; McBride v. Thompson, 8 Ala. 650 ; Maus v. Sturtevant, 23 Ala. (N. S.) 664. 2. The letter and proofs in the pre-emption proceeding should have been admitted for the purpose of showing the character of Clark’s possession ; they would have shown that the land was not subject to pre-emption. Peas v. Lawson, 33 Mo. 35. 3. The certificate of the entry by Clark, under the homestead act,…
1Opinion of the CourtNorton, J.
This is an action of ejectment, commenced *373on the 23rd day of April, 1872, in the circuit court of Monroe county, for the recovery of the northeast qr. of section 27, township 54, range 8. The petition is in the usual form. The answer admits possession, denies plaintiff’s right thereto, and sets up the statute of limitations as a bar to plaintiff’s right of action. The plea of the statute was put in issue by replication, and the cause was tried at the April term, 1876, of said court, and after the evidence was heard and instructions given, plaintiff took a non-suit with leave to move to set…
2Cases cited5 opinions
- Brady v. ConnellySupreme Court of Missouri · 1873
- Darrett v. DonnellySupreme Court of Missouri · 1866
- Chapman v. TempletonSupreme Court of Missouri · 1873
- Hannibal & St. Joseph Railroad v. SmithSupreme Court of Missouri · 1867
- Mylar v. HughesSupreme Court of Missouri · 1875
3Cited by17 opinions
- Allen v. MorrisSupreme Court of Missouri · 1912
- Rathbone v. BoydSupreme Court of Kansas · 1883
- Dunlap v. GriffithSupreme Court of Missouri · 1898
- Trask v. DavisMissouri Court of Appeals · 1957
- Bartlett v. KauderSupreme Court of Missouri · 1888
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