Douthitt v. Stinson

• Decision Date: 31 October 1880
• Citation: Douthitt v. Stinson, 73 Mo. 199 (Mo. 1880)
• Parties: DOUTHITT et al., Plaintiffs in Error, v. STINSON.
• Court: Missouri Supreme Court

73 Mo. 199

DOUTHITT et al., Plaintiffs in Error,

v.STINSON.

Supreme Court of Missouri.

October Term, 1880.

Error to Moniteau Circuit Court.--HON. GEO. W. MILLER, Judge.

AFFIRMED.

Moore & Williams for plaintiffs in error.

Owens & Wood for defendant in error.

HENRY, J.

This is an action of ejectment for the west half of the southwest quarter of section 33, township 45, range 16, in Moniteau county.The case was once before in this court, and is reported in 63 Mo. 268, and the defenses then relied upon were the statute of limitations, and an outstanding title in a corporation known as the “Board of Directors of the Town of Lancaster and Lancaster Seminary.”The judgment for defendant was reversed and the cause remanded, and thereupon defendant filed an amended answer, alleging that: “In 1839, the following persons: Benjamin Gilbert, G. A. Robertson, Waid Howard, Sen. Thomas, G. Lancaster, Archibald Woods, Samuel Calhoun, Philip Berger and W. W. Douthitt, plaintiff's ancestor, associated themselves together for the purpose of purchasing the land in controversy, and that for that purpose they contributed money in equal parts, and that Douthitt took this money to the land office and entered the land in his own name; that he immediately returned and reported his proceedings to his associates, and that they ratified the same; that Douthitt never asserted title in himself but always proclaimed that he held the same in trust for the parties aforesaid; that the parties aforesaid as associated together, were known as the “Board of Directors of the Town of Lancaster and Lancaster Seminary;” that after the purchase of the land, to-wit: On September 28th, 1839, W. W. Douthitt attempted to discharge himself of said trust, and executed an instrument of...