Beal v. Harmon
Supreme Court of Missouri
Error to Jefferson Circuit Court. I. This is a suit in ejectment; and to entitle the plaintiff to a recovery for waste, he must prevail in the action — E. C. 1855, p. 689, §§ 1, 2, 6, 7, 15, 16, 17. The finding of the court presents the singular aspect of a judgment for the defendant as to the right of possession, and against him for damages to that possession. The decree of the court is repugnant; it cannot stand.
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Error to Jefferson Circuit Court. I. This is a suit in ejectment; and to entitle the plaintiff to a recovery for waste, he must prevail in the action — E. C. 1855, p. 689, §§ 1, 2, 6, 7, 15, 16, 17. The finding of the court presents the singular aspect of a judgment for the defendant as to the right of possession, and against him for damages to that possession. The decree of the court is repugnant; it cannot stand. Before the plain-tiffin this action can prevail, he must show himself to have the better title to the possession than the defendant. The court erred in not reforming the deed from…
1Opinion of the CourtWagner, Judge
This was an action in ejectment brought in the Circuit Court of Jefferson county to recover certain tracts of land lying in that county, containing about sixty-five acres. The record discloses the facts to be, that the land was originally entered by Amanda Wright, a minor, whose guardian was one J. T. McMullen, and that he petitioned and obtained an order from the County Court of Jefferson county to sell the same for her maintenance and support. The land was duly appraised at the sum of one dollar and fifty cents per acre, and at the sale the guardian became the purchaser at and for the price…
2Cases cited1 opinion
- Bryan v. WearSupreme Court of Missouri · 1835
3Cited by7 opinions
- Chapman v. AbrahamsSupreme Court of Alabama · 1878
- Bradley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Allen v. RansonSupreme Court of Missouri · 1869
- Strouse v. DrennanSupreme Court of Missouri · 1867
- Linville v. GreerSupreme Court of Missouri · 1901
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