Whitehead v. Atchison
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Chas. L.. Dobson, Judge. {1) There was not a scintilla of evidence to show that.the land in dispute was in lot 1. In ejectment it is essential to plaintiff’s case that he show such a right as is necessary to a recovery under our law. Duncan v. Noble, 99 Mo. 188. (2) The court erred in its rulings on the instructions.
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Appeal from Jackson Circuit Court. — Hon. Chas. L.. Dobson, Judge. {1) There was not a scintilla of evidence to show that.the land in dispute was in lot 1. In ejectment it is essential to plaintiff’s case that he show such a right as is necessary to a recovery under our law. Duncan v. Noble, 99 Mo. 188. (2) The court erred in its rulings on the instructions. Stone v. Hunt, 114 Mo. 66; Mather v. Walsh, 107 Mo. 121; Wilkerson v. Eilers, 114 Mo. 245; Kincaid v. Hormay, 47 Mo. 337; Bell v. Jamison, 102 Mo. 74; Whitehead v. Ragan, 106 Mo. 231. (1) The trial jury found for the plaintiff on…
1Opinion of the CourtRobinson, J.
This case, between the same parties and upon identically the same state of facts, was before this court and is reported as Whitehead v. Ragan in the 106 Mo. 231. When here then, the judgment of the circuit court was reversed and the case remanded for a new trial. What became of that case is not disclosed by the record before us, but on the eighteenth of June, 1892, plaintiff filed his petition as a basis for the present Suit, asking for the recovery of possession of fifty feet off of the south end of lot one of Kritzer & Ragan’s subdivision, etc., claimed to be unlawfully withheld from him by…
2Cases cited1 opinion
- Whitehead v. RaganSupreme Court of Missouri · 1891
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