Legal Opinion

Lindell v. McLaughlin

Supreme Court of Missouri

Decided March 15, 1860PublishedCited by 9 opinions

Appeal from St. Louis Land Court. The facts in evidence in this cause sufficiently appear in the opinion of the court. The. following are the instructions given for the plaintiffs alluded to below in the opinion of the court: “ 1. If the jury find from the evidence that the land in dispute is embraced within the tract claimed by the plaintiffs under Fry as described in the deed given in evidence, and if they find that under that deed and immediately following its date, down…

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Appeal from St. Louis Land Court. The facts in evidence in this cause sufficiently appear in the opinion of the court. The. following are the instructions given for the plaintiffs alluded to below in the opinion of the court: “ 1. If the jury find from the evidence that the land in dispute is embraced within the tract claimed by the plaintiffs under Fry as described in the deed given in evidence, and if they find that under that deed and immediately following its date, down to the commencement of this suit, the plaintiffs had actual possession, by enclosure of the greater part of the tract,…

1Opinion of the CourtNapton, Judge

The instructions given for the plaintiffs in this case were not, in our judgment, calculated to lead to a proper adjustment of the controversy.

The first instruction is a mere abstraction, outside of the facts in evidence, and tending to throw no light upon the questions really contested. The legal principle asserted is undoubtedly correct, but it has a tendency to withdraw the investigations of the jury from the defence which is relied on. The case was not one of a proprietor taking possession *31of a part of his tract and claiming the whole. The case attempted to be made out by the defendants…

2Cases cited2 opinions

  1. Rockwell v. AdamsNew York Supreme Court · 1831
  2. Rockwell v. AdamsNew York Supreme Court · 1827

3Cited by9 opinions

  1. Tillman v. HutchersonSupreme Court of Missouri · 1941
  2. Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
  3. Mothershead v. MilfeldSupreme Court of Missouri · 1951
  4. Majors' Heirs v. RiceSupreme Court of Missouri · 1874
  5. State v. ClarkSupreme Court of Missouri · 1886

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