Stoker v. Green

• Decision Date: 05 March 1888
• Citation: 7 S.W. 279
• Parties: STOKER et al. v. GREEN.
• Court: Missouri Supreme Court

7 S.W. 279

STOKER et al. v. GREEN.

Supreme Court of Missouri.

March 5, 1888.

1. EJECTMENT — EVIDENCE OF ADVERSE POSSESSION — INSTRUCTIONS.

In ejectment involving the title to a certain strip of land, which by mistake had been fenced with another lot, the evidence for defendant tended to show that the party under whom the defendant held as tenant had received a deed of said lot and

for more than 10 years had claimed and held possession of all the property contained in the inclosure. Held, the refusal of the lower court to submit a declaration of law which entirely ignored this testimony is not error.

2. LIMITATION OF ACTIONS — PLEADING — GENERAL DENIAL.

In ejectment, a party may avail himself of the statute of limitations under a general denial.

Appeal from St. Louis circuit court; W. H. HORNER, Judge.

Ejectment by Helena Stoker et al., plaintiffs and appellants, against W. H. Green, defendant and appellee. At the close of the testimony on the trial of the case in the court below, the plaintiffs asked the court to give certain instructions and declarations of law in the case, which the court refused to give: "The court is asked to declare the law to be that, upon the pleadings and evidence offered in the case, the plaintiff is entitled to recover a strip of land now in the possession of defendant, being a strip of ground commencing at a point on the east line of Third street, twenty-two feet, more or less, north of the north line of Loughborough avenue, and at the corner of a fence now upon said premises; thence running north along the east line of Third street to a point being a point thirty feet north of the north line of Loughborough avenue; thence east, and parallel with Loughborough avenue, 140 feet, to an alley; thence south eight feet, more or less, to a point thence west-wardly, and parallel with said Loughborough avenue, 140 feet, to the place of beginning, — and being the premises inclosed by a fence on the south; said premises being in city block No. 3,004 of the city of St. Louis, state of Missouri. The court is further asked to declare the law to be that, upon the evidence in the case, the monthly value of said premises is the sum of two dollars, and that the damages the plaintiff is entitled to recover for the detention thereof is the sum of one cent." To the action of the court in refusing to give plaintiffs' instructions the plaintiffs then and there duly excepted at the time.

Wm. B. Thompson, for appellants. R. S. McDonald, fo...