Cornwell v. Wulff

• Decision Date: 20 November 1894
• Citation: 126 Mo. 355,28 S.W. 162
• Parties: CORNWELL et al. v. WULFF.
• Court: Missouri Supreme Court

28 S.W. 162

126 Mo. 355

CORNWELL et al. v. WULFF.

Supreme Court of Missouri, Division No. 2.

November 20, 1894.

Appeal from circuit court, St. Louis county; W. W. Edwards, Judge.

Action of ejectment by Fred J. Cornwell and others against George W. Wulff. Judgment was rendered for defendant, and plaintiffs appeal. Reversed.

Bashaw & Isbell and E. A. Poacock, for appellants. L. F. Parker and John W. McElhinney, for respondent.

BURGESS. J.

This is an action in ejectment for land in St. Louis county, described as "ten acres the north part of lot No. 3 of a survey and subdivision of the west half of the northwest quarter of section 12, township 44, range 5 east, made by Isaac Woods, surveyor, which said lot No. 3 contains 28 and 84-100 acres, and is particularly described by metes and bounds in the deed of Robert A. Yeats and Sophie, his wife, to John A. Goodlet, trustee for Catherine Cornwell, wife of James Cornwell, of date October 15th, A. D. 1859, and of record in the office of the recorder of deeds for the city (then county) of St. Louis, in volume 241, at page 297." Plaintiffs and defendant both claim title under the same conveyance that did the parties in the case of Cornwell v. Orton (decided at the last April term of this court) 27 S. W. 536. The salient facts of this case are precisely the same as in that, except that this action is for the recovery of a different tract of land; and the defendant, a different party. The result is that the judgment must be reversed and the cause remanded, for the reasons stated in the opinion in that case. All concur.