Miller v. Harper
Missouri Court of Appeals
Appeal from the Be Kalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) An appellate court which, finds, upon a review of the case, that the plaintiff is, by his pleadings and evidence, entitled to equitable relief, will enter such, a decree as the chancellor should have entered without remanding the cause. Carroll v. Campbell, 25 Mo. App. 630; Finkelnburg’s Mo. App.
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Appeal from the Be Kalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) An appellate court which, finds, upon a review of the case, that the plaintiff is, by his pleadings and evidence, entitled to equitable relief, will enter such, a decree as the chancellor should have entered without remanding the cause. Carroll v. Campbell, 25 Mo. App. 630; Finkelnburg’s Mo. App. Prac., p. 97. (2) A defense based upon the statute of frauds can not be invoked when it has been neither pleaded nor raised by objection to introduction of parol evidence at the trial. 22 Am. and Eng. Encyclopedia of Law, p. 978;…
1Opinion of the CourtEllison, J.
Plaintiff' seeks by his bill in equity in this case to restrain defendant from disturbing his occupancy and quiet enjoyment of three certain tracts of land, now occupied by him, and to further restrain said defendant from prosecuting an action of unlawful detainer against him. The trial court dismissed the bill, and plaintiff has appealed.
It appears that 'defendant was the owner of three small brush and timber tracts of land in De Kalb county, and that he verbally leased two of them to one Matthews for a term of five years, the consideration being that Matthews was to clear off said land and…
2Cases cited2 opinions
- I. H. Van Idour & Co. v. NelsonMissouri Court of Appeals · 1895
- Orr v. McCurdyMissouri Court of Appeals · 1889
3Cited by13 opinions
- Justus v. WebbMissouri Court of Appeals · 1982
- Moore Lumber Corp. v. WalkerSupreme Court of Virginia · 1910
- Robert Stoetzel, and Cross-Appellee v. Continental Textile Corporation of America, and Cross-AppellantCourt of Appeals for the Eighth Circuit · 1985
- Walker v. HendersonCourt of Appeals of Virginia · 1928
- Schmidt v. RozierMissouri Court of Appeals · 1906
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