Skillman v. Weber

• Decision Date: 03 March 1914
• Docket Number: No. 16,558.,16,558.
• Citation: 165 S.W. 1057,256 Mo. 324
• Parties: SKILLMAN et al. v. WEBER.
• Court: Missouri Supreme Court

165 S.W. 1057

256 Mo. 324

SKILLMAN et al. v. WEBER.

No. 16,558.

Supreme Court of Missouri, Division No. 1.

March 3, 1914.

Rehearing Denied April 2, 1914.

COURTS (§ 90)—PRECEDENTS.

On equivalent facts the law should be the same, and hence a judgment in one case is a precedent for a similar judgment in a like case.

Appeal from Circuit Court, Butler County; J. C. Sheppard, Judge.

Action by Mary Cornelia Skillman and others against Carl Weber. From a judgment for defendant, plaintiffs appeal. Affirmed.

S. C. Rogers, of St. Louis, and C. M. Skillman, for appellants. Wammack & Welborn, of Bloomfield, for respondent.

LAMM, J.

Action to quiet title. Judgment for defendant.

The pleadings and facts in this case, in controlling features, are the same as in the companion case of Skillman et al. v. Clardy, 165 S. W. 1050, handed down at this delivery. There was here no common source of title agreed to as there was in the Clardy Case. So, after the tax sale which in the Clardy Case was held to cut up the title of plaintiffs' ancestor, the chain of title of defendant Weber from the purchaser at the tax sale ran differently. But these differences are wholly unimportant. The opinion in the Clardy Case, therefore, should be read with this, and as disposing of material assignments of error; the two cases being argued together and taken as one for appellate purposes.

The maxims being that on equivalent facts the law is the same and the judgment is the same, and that it is proper to reason from similars to similars, the judgment herein should be affirmed on the authority of the Clardy Case.

Let that be done. All concur.