Colburn v. Yantis
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. H. C. Timmonds, Judge. (1) On reversal of case by Supreme Court defendant Jacob Walter was entitled to be restored to the land he had lost by decree of lower court. Grott v. Powell, 41 Mo. 420; Bank v. Bank, 6 Pet. 8; Eailroad v. Brown, 43 Mo. 294; 17 Am. and Eng. Ency. Law (2 Ed.), 810; Marks v. Cowles, 61 Ala. 299; Eeynolds v. Harris, 14 Cal. 667, 76 Am.
Read the full summary
Appeal from Cass Circuit Court. — Hon. H. C. Timmonds, Judge. (1) On reversal of case by Supreme Court defendant Jacob Walter was entitled to be restored to the land he had lost by decree of lower court. Grott v. Powell, 41 Mo. 420; Bank v. Bank, 6 Pet. 8; Eailroad v. Brown, 43 Mo. 294; 17 Am. and Eng. Ency. Law (2 Ed.), 810; Marks v. Cowles, 61 Ala. 299; Eeynolds v. Harris, 14 Cal. 667, 76 Am. Dec. 459; Major v. Collins, 17 I. App. 239; Smith v. Bohon, 12 Bush 448; McBain v. McBain, 15 Ohio St. 236, 86 Am. Dec. 478; Ereeman on Judgments (3 Ed.), secs. 482-3, 5 Am. and Eng. Ency. Law (1 Ed.),…
1Opinion of the CourtMarshall, J.
This is an action of ejectment. It is the second appeal in the case. The decision on former appeal is reported in 167 Mo. 562. As therein stated the conclusion then reached was the necessary and logical result of the decision in Walter v. Scofield, 167 Mo. 537. The origin, nature and proceedings in the controversy over the land are set out in those two cases, which must be read in connection with this case, and need not be repeated here. It is only necessary to set out in this opinion such matters as did not then appear to this court, or have occurred since the former decision.
It now appears…
2Cases cited12 opinions
- In Re TylerSupreme Court of the United States · 1893
- Porter v. SabinSupreme Court of the United States · 1893
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Hannibal & St. Joseph Railroad v. BrownSupreme Court of Missouri · 1869
- Gott v. PowellSupreme Court of Missouri · 1867
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
- Golde Clothes Shop, Inc. v. Loew's Buffalo Theatres, Inc.New York Court of Appeals · 1923
- De Mayo v. LyonsSupreme Court of Missouri · 1950
- Hurst Automatic Switch & Signal Co. v. Trust CompanySupreme Court of Missouri · 1921
- Lanyon v. ChesneySupreme Court of Missouri · 1907
11 more not listed; retrieve them via the Exa API.