Gage v. Cantwell
Supreme Court of Missouri
Appeal from Washington Circuit Court. — How. F. R. D earing, Judge. (1) The court erred in finding that E. L. Gage, the party taking deed under S. D. Cohherly, was the same person as the party mentioned as E. L. Gage, in the deposition of Anne D1. Gage, who died in Chicago in 1892. Identity of name is not equivalent to identity of person.
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Appeal from Washington Circuit Court. — How. F. R. D earing, Judge. (1) The court erred in finding that E. L. Gage, the party taking deed under S. D. Cohherly, was the same person as the party mentioned as E. L. Gage, in the deposition of Anne D1. Gage, who died in Chicago in 1892. Identity of name is not equivalent to identity of person. Lucas v. Land Co., 186 Mo. 445. (2) Thefinding of the court, as to the fee simple title, or any finding of right, title or interest in plaintiffs was error. The plaintiffs having alleged that they were the owners in fee of the premises in the petition…
1Opinion of the CourtFox, J.
This cause is in this court upon an appeal by defendants from a judgment rendered against them by the Washington County Circuit Court. This action was brought under section 650, Revised Statutes 1899; to try, ascertain and define the title of the parties plaintiff and defendant, in and to the land described in the petition. As the sufficiency of the petition is not challenged, we see no necessity for reproducing it here. After the institution of the suit by respondent, Henry C. Bell was made a party and he entered his appearance, and together with his co-defendant Cantwell, they filed a joint…
2Cases cited5 opinions
- Graton v. Holliday-Klotz Land & Lumber Co.Supreme Court of Missouri · 1905
- Huff v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1900
- Ball v. WoolfolkSupreme Court of Missouri · 1903
- Hunton v. PlattMichigan Supreme Court · 1863
- Garrison v. FrazierSupreme Court of Missouri · 1901
3Cited by16 opinions
- Johnson v. McAboySupreme Court of Missouri · 1943
- Harrison Machine Works v. BowersSupreme Court of Missouri · 1906
- German Evangelical Protestant Congregation of the Church of the Holy Ghost v. SchreiberSupreme Court of Missouri · 1919
- Burk v. PenceSupreme Court of Missouri · 1907
- Chilton v. MetcalfSupreme Court of Missouri · 1911
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