Robinson v. Levy
Decision Date | 09 March 1909 |
Citation | 217 Mo. 498,117 S.W. 577 |
Parties | ROBINSON v. LEVY. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, Jackson County; Jno. G. Park, Judge.
Action by R. B. Robinson against Max Levy. From a judgment for defendant, plaintiff appeals. Affirmed.
This appeal, on the part of the plaintiff, is from a judgment of the circuit court of Jackson county, Mo., at Kansas City, in favor of the defendant. This proceeding is predicated upon the provisions of section 650, Rev. St. 1899 (Ann. St. 1906, p. 667), by which it is sought to have the court ascertain and determine the title, estate, and interest of plaintiff and defendants herein, respectively, in and to the following real estate: The east forty (40) feet of a tract of land, bounded as follows, to wit: On the north and west, by Westport avenue; on the south, by the south line of section 19, in township 49, range 33; on the east, by lot one (1) of Jones and Fisher's addition to the city of Westport, now being a part of Kansas City.
The answer interposed by the defendant to the petition was, first, a general denial of each and every allegation in said petition contained, except the allegation that defendant claims some title, estate, or interest in the real estate described in the petition. The defendant, further answering, specifically denies that plaintiff has any right, title, or interest in said land, or is in the possession of the same. Then follows in said answer the allegation that the defendant is, and for a long time past has been, the owner in fee of the real estate in controversy, and that he is now in possession of the same.
This cause was submitted to the court upon an agreed statement of facts. We do not deem it necessary to reproduce this statement, with all the details of the agreed statement of facts as disclosed by the record. A brief reference to the facts as applicable to this controversy will be sufficient to enable us to determine the legal propositions disclosed by the record.
It appears from the agreed statement of facts that in 1893 one Augustus Smith was the undisputed owner of and in possession of the land in question, and that in September, 1893, a suit was filed against said Augustus Smith to enforce against the land a lien for certain special tax bills issued by the city of Westport to pay the cost of paving Main street, upon which street the land in question abutted.
As the sufficiency of the petition in that case is challenged, it is well to reproduce it. It was as follows:
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