Chinn v. Naylor
Supreme Court of Missouri
Appeal from Howard Circuit Court. — How. John A. Hochaday, Judge. ' (1) At the close of plaintiff’s. case the defendant offered the following demurrer: ‘ ‘ The court instructs the jury that under the law and the evidence your verdict must he for the defendant,” which was refused. I earnestly contend that the same should have been given.
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Appeal from Howard Circuit Court. — How. John A. Hochaday, Judge. ' (1) At the close of plaintiff’s. case the defendant offered the following demurrer: ‘ ‘ The court instructs the jury that under the law and the evidence your verdict must he for the defendant,” which was refused. I earnestly contend that the same should have been given. The plaintiff must show title in itself, and must recover, if at all, on the strength of his own title, and unless the evidence tended to show the land was his, there was nothing to submit to the-jury. He attempted to prove the land had an accretion to his…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment to recover possession of a tract of land in Howard county containing 25 or 30 acres described in the petition. The answer is a general denial. Verdict and judgment for the plaintiff, and the defendant appeals.
At the close of the plaintiff’s evidence, the defendant demurred thereto, and at the close of defendant’s evidence, the case was submitted to the jury on the following instructions:
For plaintiff,
1. The jury are instructed that the deeds read in evidence in behalf of plaintiff constitute color of title to the land lying on the north bank of the Missouri…
2Cases cited10 opinions
- Cooley v. GoldenSupreme Court of Missouri · 1893
- Benson v. MorrowSupreme Court of Missouri · 1875
- Buse v. RussellSupreme Court of Missouri · 1885
- Naylor v. CoxSupreme Court of Missouri · 1893
- Hahn v. DawsonSupreme Court of Missouri · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Knorp v. ThompsonSupreme Court of Missouri · 1943
- Hecker v. BleishSupreme Court of Missouri · 1928
- Conran v. GirvinSupreme Court of Missouri · 1960
- Dudeck v. EllisSupreme Court of Missouri · 1966
- Lindquist v. Kansas City Public Service Co.Supreme Court of Missouri · 1943
14 more not listed; retrieve them via the Exa API.