Estes v. Fry
Supreme Court of Missouri
Appeal from Pike Circuit Court. ■ — Hon. Elijah Robinson, Judge. (1)Plaintiff’s motion to strike out part of defendants’ answer skould have been sustained. R. S., secs. 3515, 3527, 3529, 3530; Kimmell v. Benna, 70 Mo. 52. (2) The court should not, over the objections of plaintiff, have submitted the issues made by the1 pleadings to a jury for determination. Freeman v. Wilkinson, 50 Mo. 554; G-reen & Meyer’s Mo. Prac., ch. 21, p. 79, sec. 133 ; Ledbetter n.
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Appeal from Pike Circuit Court. ■ — Hon. Elijah Robinson, Judge. (1)Plaintiff’s motion to strike out part of defendants’ answer skould have been sustained. R. S., secs. 3515, 3527, 3529, 3530; Kimmell v. Benna, 70 Mo. 52. (2) The court should not, over the objections of plaintiff, have submitted the issues made by the1 pleadings to a jury for determination. Freeman v. Wilkinson, 50 Mo. 554; G-reen & Meyer’s Mo. Prac., ch. 21, p. 79, sec. 133 ; Ledbetter n. Ledbetter, 88 Mo. 60; R: S., sec. 3606. (3) The court should not have submitted to. the jury the special issues as to whether or not the…
1Opinion of the CourtBlack, J.
The plaintiff prosecutes this appeal from a judgment against him in an action of ejectment. On the twenty-ninth of April, 1874, the defendant, Jacob Fry, made a deed of trust on the land in question to secure the payment’ of three promissory notes, one dated December 11, 1866, for eleven hundred dollars, due at one day; the second, dated April 1, 1870, for $1,965.33, both payable to Fielden'Estes, the plaintiff. The third note bears even date with the deed of trust, April 29, 1874, is for the sum of $1,076.24, due in two years after date, and payable to Jacob Block. All these notes…
2Cases cited3 opinions
- Carter v. PriorSupreme Court of Missouri · 1883
- Kitchen v. Cape Girardeau & State Line RailroadSupreme Court of Missouri · 1875
- Wolff v. SchaefferSupreme Court of Missouri · 1881
3Cited by8 opinions
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- Clark v. First National BankMissouri Court of Appeals · 1894
- Leitch v. MillerMissouri Court of Appeals · 1890
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