Ward v. Ihler
Supreme Court of Missouri
Error to Cole Circuit Court. — Host, D. W. Shackle-ford, Judge. The petition states all the statutes require. R. S. 1889, sec. 8675; Bellv. Clark, 30 Mo. App. 224; Benshaw v. Loyd, 50 Mo. 368; Brown v. Hartsell, 87 Mo. 567; ILenry v. Loto, 73 Mo. 96.. The answer is a general denial and when plaintiff showed an unbroken title to the land this carried with it possession, unless it ■could be shown that someone was in actual possession, which was not shown.
Read the full summary
Error to Cole Circuit Court. — Host, D. W. Shackle-ford, Judge. The petition states all the statutes require. R. S. 1889, sec. 8675; Bellv. Clark, 30 Mo. App. 224; Benshaw v. Loyd, 50 Mo. 368; Brown v. Hartsell, 87 Mo. 567; ILenry v. Loto, 73 Mo. 96.. The answer is a general denial and when plaintiff showed an unbroken title to the land this carried with it possession, unless it ■could be shown that someone was in actual possession, which was not shown. Authorities above cited. It is not contended by anyone that they had any claim, so that it clearly appears from the evidence that taking…
1Opinion of the CourtShebwood, J.
Action of trespass under the statute to recover treble damages for certain timber alleged to have been cut on the northeast quarter of the southwest quarter of section 8, township 43, range 11, owned by plaintiffs’ testator.
Defendant and that testator were conterminous proprietors; the latter owning the forty already described and the former “was owner of the adjoining *378forty acres on thewesi,” as plaintiffs state; and defendant’s counsel declare that: “The defendant owns the land immediately west of that tract,” referring to the tract first aforesaid described. . In another place, defendant’s…
2Cases cited4 opinions
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Krider v. MilnerSupreme Court of Missouri · 1889
- Knight v. ElliottSupreme Court of Missouri · 1874
- Goltermann v. SchiermeyerSupreme Court of Missouri · 1894
3Cited by2 opinions
- Carter v. HornbackSupreme Court of Missouri · 1897
- Morgan v. PottMissouri Court of Appeals · 1907