Simpson v. Jennings

Decision Date11 June 1901
Citation163 Mo. 332,63 S.W. 1133
PartiesSIMPSON et al. v. JENNINGS et al.
CourtMissouri Supreme Court

Appeal from circuit court, Lincoln county; E. M. Hughes, Judge.

Action by Belle Simpson and others against George A. Jennings and others. Judgment for plaintiffs, and defendants appeal. Reversed.

Geo. T. Dunn and Norton, Avery & Young, for appellants.

Martin & Woolfolk, for respondents.

BURGESS, J.

This is an action of ejectment for the possession of one undivided one-sixth interest in the N. E. fractional ¼ of section 28, township 48, range 1, in Lincoln county. The trial resulted in a judgment in favor of plaintiffs for the land sued for, for $60 damages, and fixing the monthly rents and profits at $1 per month. After unsuccessful motion for a new trial, defendants appeal. The case is a companion case to the case of Simpson v. Erisner, 155 Mo. 157, 55 S. W. 1029. Both parties to this suit, as in that, claim title under John H. Simpson, deceased, and the issues were precisely the same. Therefore, upon the authority of that case, we reverse the judgment.

SHERWOOD, P. J., and GANTT, J., concur.

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2 cases
  • St. Louis Union Trust Co. v. Clarke
    • United States
    • Missouri Supreme Court
    • February 7, 1944
    ...trustee of an active trust. Ewing v. Shannahan, 113 Mo. 188; Walton v. Ketchum, 147 Mo. 209; Simpson v. Erisner, 155 Mo. 157; Simpson v. Jennings, 163 Mo. 332; Real Estate Co. v. Megaree, 280 Mo. 41. (6) It also applies to a cause of action vested in an executor or administrator. Meeks v. O......
  • Simpson v. Jennings
    • United States
    • Missouri Supreme Court
    • June 11, 1901

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