Chiles v. Wallace
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. — Hon. S. H. Woodson, Judge. (1) The averments in the answer do not state any contract, agreement or covenant, nor any good consideration for either. Taylor v. Williams, 45 Mo. 80; Underwood v. Underwood, 48 Mo. 527; Mastin v. Halley, 61 Mo. 196; Pier v. Heinrichoffer, 52 Mo. 833 ; Bayse v. Ambrose, 32 Mo. 484. (2) The court erred in refusing the declarations of law asked by plaintiff and giving the 4th one asked by the defendants.
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Appeal from, Jackson Circuit Court. — Hon. S. H. Woodson, Judge. (1) The averments in the answer do not state any contract, agreement or covenant, nor any good consideration for either. Taylor v. Williams, 45 Mo. 80; Underwood v. Underwood, 48 Mo. 527; Mastin v. Halley, 61 Mo. 196; Pier v. Heinrichoffer, 52 Mo. 833 ; Bayse v. Ambrose, 32 Mo. 484. (2) The court erred in refusing the declarations of law asked by plaintiff and giving the 4th one asked by the defendants. The court’s action ¡precluded the possibility of plaintiff’s recovery and justified his taking his non-suit. (3) The court,…
1Opinion of the Court
Martin, C.
The plaintiff sued in ejectment in the usual form, averring entry and ouster on the 13th of February, 1878. On the 17th of June, 1879, this suit still pending, the defendants surrendered, and the plaintiff accepted possession of the premises sued for, thus leaving to be settled by trial the abstract right of plaintiff to recover as of the 13th of February, 1878, and the damages consequent upon the adverse possession of defendants at and after the date aforesaid.
It seems that plaintiff was originally owner of the premises and on the 10th of March, 1871, sold them to the firm of Blair…
2Cases cited6 opinions
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Salisbury v. Renick & PetersonSupreme Court of Missouri · 1869
- Layton v. RineySupreme Court of Missouri · 1862
- Schulter's Administrator v. Bockwinkle's AdministratorSupreme Court of Missouri · 1854
- Glasscock v. GlasscockSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wilson v. OwenSupreme Court of Missouri · 1953
- National Waterworks Co. v. Kansas CityU.S. Circuit Court for the District of Western Missouri · 1895
- Roeder v. ShryockMissouri Court of Appeals · 1895
- Scott v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915
- International Harvester Co. v. McLaughlinMissouri Court of Appeals · 1932
2 more not listed; retrieve them via the Exa API.