Cape Girardeau & Thebes Bridge Terminal Railroad v. Southern Illinois & Missouri Bridge Co.
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Hon. H. G. Riley, Judge. (1) Plaintiff’s purchase of the land in controversy was not pendente lite. It purchased and recorded its deed on April 24, 1902, and summons in the Stone condemnation case was not served on Mrs. Finley until April 28tb, nor on Mr. Stone until April 29, 1902. Hence, when defendant purchased, the court had no jurisdiction over its grantors, and the condemnation suit was not lis pendens.
Read the full summary
Appeal from Scott Circuit Court. — Hon. H. G. Riley, Judge. (1) Plaintiff’s purchase of the land in controversy was not pendente lite. It purchased and recorded its deed on April 24, 1902, and summons in the Stone condemnation case was not served on Mrs. Finley until April 28tb, nor on Mr. Stone until April 29, 1902. Hence, when defendant purchased, the court had no jurisdiction over its grantors, and the condemnation suit was not lis pendens. Not only that, bnt, as has been shown, the court was without jurisdiction over the subject-matter of that suit. These two conditions, each of which was…
1Opinion of the CourtGantt, C. J.
This is an action in ejectment by the plaintiff against the defendant for the possession of seventeen acres, more or less, of land in the northwest corner of Scott county, being the same land that was condemned in a proceeding commenced by the Southern Illinois and Missouri Bridge Company on the 24th of April, 1902, in the circuit court of Scott county, Missouri, for the appropriation of a strip' of land containing 20.3 acres, approximately four thousand feet long and two hundred feet wide, for its approach to its bridge over the Mississippi river from a point in Alexander county, Illinois,…
2Cases cited18 opinions
- Wait v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1907
- Austin v. LoringSupreme Court of Missouri · 1876
- Dulaney v. BuffumSupreme Court of Missouri · 1903
- Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1903
- Reed v. OwnbySupreme Court of Missouri · 1869
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Annbar Associates v. West Side Redevelopment Corp.Supreme Court of Missouri · 1965
- Burgess v. NailCourt of Appeals for the Tenth Circuit · 1939
- Hector v. MannSupreme Court of Missouri · 1910
- Kansas City Southern Railway Co. v. Second Street Improvement Co.Supreme Court of Missouri · 1914
- Milan Bank v. RichmondSupreme Court of Missouri · 1919
17 more not listed; retrieve them via the Exa API.