Scruggs v. Scruggs
Supreme Court of Missouri
Error to First District Court. This was an action of ejectment, commenced by Jonn W. Scruggs against James A. and N. B. Scruggs in the Circuit Court of Cole county, for possession of certain lands. The defendants pleaded the statute of limitations, wMch was the only question in the case. The judgment of the Circuit Court was affirmed by the First District Court, to reverse which judgment the case is brought here by writ of error.
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Error to First District Court. This was an action of ejectment, commenced by Jonn W. Scruggs against James A. and N. B. Scruggs in the Circuit Court of Cole county, for possession of certain lands. The defendants pleaded the statute of limitations, wMch was the only question in the case. The judgment of the Circuit Court was affirmed by the First District Court, to reverse which judgment the case is brought here by writ of error. The,Circuit Court erred in giving the instructions asked by plaintiff. The first instruction was not in accordance with the proof. The second instruction should also…
1Opinion of the CourtCurrier, Judge
This is an ejectment suit brought to recover possession of a tract of land in Cole county. The defense relied on is the statute *144o£ limitations; and the instructions given by the court, at the . instance of the plaintiff, bearing on this defense, constitute the only subjects of inquiry in the cause. The second of those instructions is in these words: “To enable the defendants to avail themselves of the statute of limitations it must affirmatively appear to the jury by proof that their possession of the land in controversy must have been held adversely to all others (and that the plaintiff knew…
2Cases cited1 opinion
- Scruggs v. ScruggsSupreme Court of Missouri · 1867
3Cited by7 opinions
- Boyce v. Missouri Pacific RailroadSupreme Court of Missouri · 1902
- Wilkerson v. EilersSupreme Court of Missouri · 1893
- Scruggs v. ScruggsSupreme Court of Missouri · 1870
- W. A. Gaines & Co. v. E. Whyte Grocery, Fruit & Wine Co.Missouri Court of Appeals · 1904
- City of St. Louis v. PriestSupreme Court of Missouri · 1890
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