Stucker v. Duncan

Decided January 15, 1866

Supreme Court of Missouri · decided 1866-01-15

This was an action in the nature of a trespass, brought by Stucker against Duncan, to recover damages for timber cut on certain tracts of land described in his petition. Duncan answered denying the trespass, and set up title in himself to the said land, described as the N.W. £ of the N.W. £ of sec. 15, the S.W. £ of the- S.W. £ of sec. 10, and the S. £ of the S.E. £ of sec. 9, all in township 46, range 8 west.

Relies on Hill v. Miller

Decided 1866-01-15

Lovelace, Judge,

¶1delivered the opinion of the court.

¶2This is an action for trespass upon real estate. The defendant justified upon the ground of an equitable title in the real estate named in the petition. -It is unnecessary to make a statement of this case inasmuch as it involves in every par*165ticular the same issues that were decided in the case of Hill v. Miller, decided by this court at the August term at St. Joseph (36 Mo. 182); and, for the reasons given in that case, this judgment is reversed and the cause remanded.

The other judges concur.