Krepp v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pulaski Circuit Court. — lion. L. B. Wood-side, Judge. STATEMENT. The first count of the petition alleges in substance that on the twelfth day of March, 1901, the defendant (a corporation) sold to the plaintiffs four hundred acres of land (describing it) situated in the county of Pulaski, Missouri, at $1.50 per acre or for $600; that plaintiffs immediately paid the purchase price and entered into possession of the land; that defendant, prior to making the sale to…
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Appeal from Pulaski Circuit Court. — lion. L. B. Wood-side, Judge. STATEMENT. The first count of the petition alleges in substance that on the twelfth day of March, 1901, the defendant (a corporation) sold to the plaintiffs four hundred acres of land (describing it) situated in the county of Pulaski, Missouri, at $1.50 per acre or for $600; that plaintiffs immediately paid the purchase price and entered into possession of the land; that defendant, prior to making the sale to plaintiffs, had sold and conveyed the most valuable forty acres of the tract (describing it) to one Nesbit and for that…
1Opinion of the CourtBland, P. J.
1. The decree, divesting title out of defendant to three hundred and sixty acres of land and investing plaintiffs with the title thereto, was not only authorized by the pleadings, but was consented to by the defendant and furnishes no ground for complaint, nor do we see any valid ground for'the complaint of defendant that the two judgments are rendered in one and the same decree and entry of record. It is true that the judgment is double. It is, first, a decree divesting and investing title to real estate and, second, a judgment for damages and interest, but they are separately stated and…
2Cases cited8 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- McGhee v. BellSupreme Court of Missouri · 1902
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Hartzell v. CrumbSupreme Court of Missouri · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Dunning v. Alfred H. Mayer CompanyMissouri Court of Appeals · 1972
- Norman v. McLellandMissouri Court of Appeals · 1962
- Studebaker Bros. Manufacturing Co. v. Elsey-Hemphill Carriage Co.Missouri Court of Appeals · 1910
- Nolde v. GrayNebraska Supreme Court · 1905
- Cowherd v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910