Fenderson v. Missouri Tie & Timber Co.
Missouri Court of Appeals
Appeal from Ripley Circuit Court.— Eon. J. L. Fort¡, Judge. Plaintiff failed to prove title in fee or otherwise in himself to the land in his petition described for two reasons, viz.: (.1) The deed from Jacob Yan Wormer to Charles C. Mock vested the title to said premises in said Mock. This is a link in plaintiff’s chain of title, Next plaintiff introduced a deed from Charles C. Mack to Robert Jennison. This was introduced over the objections of appellant.
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Appeal from Ripley Circuit Court.— Eon. J. L. Fort¡, Judge. Plaintiff failed to prove title in fee or otherwise in himself to the land in his petition described for two reasons, viz.: (.1) The deed from Jacob Yan Wormer to Charles C. Mock vested the title to said premises in said Mock. This is a link in plaintiff’s chain of title, Next plaintiff introduced a deed from Charles C. Mack to Robert Jennison. This was introduced over the objections of appellant. There was no evidence that Charles C. Mack was Charles C. Mock. On this question not a scintilla of evidence was introduced. M-o-c-k and…
1Opinion of the CourtGoode, J.
Action for damages for trespass on lands by cutting and removing trees from it. Tbe land was wild and not in tbe actual possession of any one; but plaintiff asserts the right to maintain this action by virtue of tbe constructive possession which be says be bad as owner of tbe fee. Both parties claim under Jacob Van Wormer as tbe common source of title; tbe plaintiff under a warranty deed executed by said Van Wormer in bis lifetime to Charles C. Mack and subsequent transfers of the title to tbe plaintiff; tbe defendant under a quitclaim deed from tbe heirs of Van Wormer. In plaintiff’s chain…
2Cases cited7 opinions
- McCormick v. SullivantSupreme Court of the United States · 1825
- Gaines v. FenderSupreme Court of Missouri · 1884
- Keith v. KeithSupreme Court of Missouri · 1888
- Cabanne v. SkinkerSupreme Court of Missouri · 1874
- Lewis v. City of St. LouisSupreme Court of Missouri · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Parnell v. ThompsonSupreme Court of Kansas · 1909
- Estate of Thompson v. W. G. Coyle & Co.Supreme Court of Missouri · 1936
- Cohen v. HerbertSupreme Court of Missouri · 1907