Legal Opinion

Lewis v. Schwenn

Supreme Court of Missouri

Decided October 15, 1887PublishedCited by 15 opinions

Appeal from St. Louis Court of Appeals„ Tlie trial was by tlie court in this case, the facts were not in dispute, and the court could not have reached its conclusion, without determining, as a matter of law, that, on the facts, the appellant was not entitled to recover.

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Appeal from St. Louis Court of Appeals„ Tlie trial was by tlie court in this case, the facts were not in dispute, and the court could not have reached its conclusion, without determining, as a matter of law, that, on the facts, the appellant was not entitled to recover. Walter v. Ford, 74 Mo. 195 ; Silvey v. Summer, 61 Mo. 253 ; Wood v. Williams,. 61 Mo. 65 ; Willi v. Dry den, 52 Mo. 319 ; Gambs v. Insurance Co., 50 Mo. 44; Wad-dell v. Williams, 50 Mo. 216. And the deed of trust was insufficient in itself to show authority in the trustee to sell, even if not objected to, as there was no…

1Opinion of the CourtBlack, J.

The plaintiff:, as public administrator, having in charge the estate of August Engler, brought this suit of ejectmént to recover a small parcel of land in St. Louis county. The cause was tried before the court, without a jury, and resulted in a judgment for defendants, which was affirmed in, the court of appeals.

It is agreed that J. Richard Barrett had a good title to the premises on the twenty-fifth of February, 1862. The plaintiff put in evidence a sheriff5 s deed, dated March 21, 1867, and recorded in the following June, conveying to said Engler all the right and title of Barrett in and to…

2Cases cited6 opinions

  1. Rogers v. BrownSupreme Court of Missouri · 1875
  2. Hunter v. HunterSupreme Court of Missouri · 1872
  3. Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
  4. Brush v. WhiteSupreme Court of Missouri · 1884
  5. Buren v. BurenSupreme Court of Missouri · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
  2. Long v. LongSupreme Court of Missouri · 1897
  3. Orr v. RodeSupreme Court of Missouri · 1890
  4. Gerhart v. PeckMissouri Court of Appeals · 1890
  5. Stout v. RigneyCourt of Appeals for the Eighth Circuit · 1901

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