Kunze v. Evans
Supreme Court of Missouri
Appeal from Cass Circuit Cou/rt. — Hon. "W. W. Wood, Judge. (1) A judgment in ejectment against one not in possession is erroneous if not void. R. S. 1889, sec. 4633; Insurance Co. v. Cummings,13 Mo.
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Appeal from Cass Circuit Cou/rt. — Hon. "W. W. Wood, Judge. (1) A judgment in ejectment against one not in possession is erroneous if not void. R. S. 1889, sec. 4633; Insurance Co. v. Cummings,13 Mo. App. 76; s. c., 90 Mo. 267; Shaw v. Tracy, 95 Mo. 531; LaRivierie v. Tracy, 97 Mo. 84; Tyler on Ejectment, p. 472. (2) At the time this suit was instituted, defendant Evans was not in possession of the property in question, either by himself or by tenant, and was not, at the time of the rendition of judgment, in possession of it; hence judgment, for that reason, with others, was improperly and…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment commenced July 2, 1887, by the plaintiff, L. O. Kunze, against T. D. Evans and S. J. Beattie, in the circuit court of Cass county, to recover a narrow strip of ground three feet, by thirty feet, six inches, in lot 4, block 2 in the city of Harrisonville, covered by an ice house erected by said defendants in the year 1882. Judgment for plaintiff, and the defendant Evans appeals. The *4case has been here before, and is reported in 107 Mo. 487, where a full statement may be found.
The decision of the case then, as now, turned upon the true location of the line between…
2Cases cited2 opinions
- Phillips v. PhillipsSupreme Court of Missouri · 1891
- Kunze v. EvansSupreme Court of Missouri · 1891
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