Laclede Land & Improvement Co. v. Epright
Supreme Court of Missouri
Appeal from Reynolds Circuit Court. — Hon. E. Hi. Dearing, Judge. (1) There was no error in the trial of this case. The judgment was for the right party, and the motion for a new trial should have been overruled.
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Appeal from Reynolds Circuit Court. — Hon. E. Hi. Dearing, Judge. (1) There was no error in the trial of this case. The judgment was for the right party, and the motion for a new trial should have been overruled. R. S. 1909, sec. 1884; Abeles v. Pillman, 261 Mo. 359; Collins v. Pease, 146 Mo. 135; Rollins v. Mclntire, 87 Mo. 496; Campbell v. Greer, 209 Mo. 199. (2) Where there is no conflict in the evidence and the judgment is for the right party under the law, it is- not within the discretion of the trial court to grant a new trial. Loftus v. Railway, 220 Mo. 470; Huston v. Railroad, 151 Mo.…
1Opinion of the CourtBrown, J.
Action to determine and quiet -title to real estate. The trial court entered a judgment for *213plaintiff, which, upon motion of defendants, was set aside and a new trial granted. From the order granting such new trial plaintiff appeals.
The contention of plaintiff is that the evidence conclusively shows that it has acquired the title to the land in controversy under what is commonly known as the thirty-year Statute of Limitation (Sec. 1884, R. S. 1909), and that the court erred in granting defendants a new trial.
The land in controversy is the south half of the southwest quarter of section 5, and…
2Cases cited9 opinions
- Fairbanks v. LongSupreme Court of Missouri · 1887
- Scannell v. American Soda Fountain Co.Supreme Court of Missouri · 1901
- Collins v. PeaseSupreme Court of Missouri · 1898
- Charles v. MorrowSupreme Court of Missouri · 1889
- State ex rel. City of Centralia v. WilderSupreme Court of Missouri · 1908
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3Cited by4 opinions
- Cash v. GilbreathMissouri Court of Appeals · 1974
- Miller v. MedleySupreme Court of Missouri · 1955
- Allen v. WelchMissouri Court of Appeals · 1989
- Lewis v. BarnesSupreme Court of Missouri · 1917