Barnum v. Barnum
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) Since the case in the 29 Mo. p. 152, of Valle's Heirs v. Fleming’s Heirs, it has been settled law in this state that an equitable defense may be set up in an action of ejectment and may be good against a part or all of the plaintiff’s case, and that courts will render such judgment in the case as justice and equity requires.
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Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) Since the case in the 29 Mo. p. 152, of Valle's Heirs v. Fleming’s Heirs, it has been settled law in this state that an equitable defense may be set up in an action of ejectment and may be good against a part or all of the plaintiff’s case, and that courts will render such judgment in the case as justice and equity requires. To this point, in addition to the case of Valle v. Fleming, we cite: Huff v. Price, 50 Mo. 228; Shroyer v. Nickell, 55 Mo. 264; Same case, 67 Mo. 589; Jones v. Manly, 58 Mo. 559; Evans v. Snyder,…
1Opinion of the CourtMacearlane, J.
The action is ejectment to recover one undivided seventeenth of about three hundred and twenty acres, of land in St. Louis county, to which defendants set up an equitable defense. The case was tried upon an agreed statement of facts, which present the equities under which defendants seek to defeat the action.
The facts agreed to are in substance as follows:
Lewis H. Barnum and Thomas J. Barnum were brothers, the former residing in Pueblo, Colorado, and the latter in St. Louis, Missouri. On January 1, 1871, Lewis H. made his note to his brother Thomas J. for the sum of $2,542. Lewis H. died in…
2Cases cited1 opinion
- Copenhaver v. CopenhaverSupreme Court of Missouri · 1883
3Cited by9 opinions
- Hockaday v. LynnSupreme Court of Missouri · 1906
- In Re Estate of MikkelsenSupreme Court of Iowa · 1926
- Johnson v. JohnsonSupreme Court of Missouri · 1902
- Records v. FieldsSupreme Court of Missouri · 1900
- Estate of WilliamsMissouri Court of Appeals · 1895
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