70 Mo. 257 | Mo. | 1879
This is a suit by ejectment to recover the possession of certain lots in the city of St. Joseph, Buchanan county. The petition is in the usual form. The
The defendant then offered to prove by the judge of said court that it was in session on the 18th day of September, 1863, transacting business, but that by mistake in writing up the records they failed to show the fact. This evidence was rejected, and this action of the court is also assigned as error. The trial court was fully justified in receiving the evidence offered by plaintiffs and rejecting that offered by defendant, by the decision of this court in the case of Mobley v. Nave, 67 Mo. 546, where the precise questions here presented were passed upon. The above case is distinguishable or different from the one before us, in this only, that the defense set up by defendant in this suit by way of estoppel was there set up as an equitable defense, and account was asked to be taken in order to the adjustment of the equities between the parties. In all other respects they are alike.