Butler v. Carpenter
Supreme Court of Missouri
Appeal from Stone Circuit Court. — Hon. J. C. Lamson, Judge. (1) An answer pleading an equitable title in tbe defendant, is a good defense to an action in ejectment.
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Appeal from Stone Circuit Court. — Hon. J. C. Lamson, Judge. (1) An answer pleading an equitable title in tbe defendant, is a good defense to an action in ejectment. Tibeau v. Tibeau, 19 Mo. 78; Hayden v. Stewart, 27 Mo. 288; Collins v. Rogers, 63 Mo. 515; Fisber v. Stevens, 143 Mo. 181; McCollum v. Boughton, 132 Mo. 621. (2) Tbe actual possession of real estate under a verbal contract of purchase or ownership, is not within tbe statute of frauds, and tbe possession and equitable title will prevail against a plaintiff bolding tbe naked legal title. Sucb a transaction is in effect an executed…
1Opinion of the CourtRobinson, J.
This is an action of ejectment in the' usual form, for one hundred and thirty acres of land in Stone county, by the heirs at law of Elbert N. Butler, deceased, against the appellant and his tenant, in possession of a portion of the premises.
The appellant, Daniel Carpenter, filed the following answer:
“Comes now the defendant, Daniel Carpenter, and for his separate answer to the plaintiff’s petition, denies each and every allegation therein contained, except such as are herein admitted.
“Defendant admits that the plaintiffs are the heirs at law of the said E. N. Butler, now deceased, and that he…
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