144 Mo. 113 | Mo. | 1898
This is ejectment for eighty acres of land in Franklin county. There was judgment in the court below in favor of plaintiffs for possession of the land and $45 damages. After unsuccessful motion for a new trial, defendants appealed.
The land in controversy is the north-half of the southeast quarter of section twenty-five, township forty-four, of range two, east. The east forty was .patented by the United States Government to James Caldwell on the second day of August, 1852, and the west forty was patented by the United States Government to Rapin Smithson on the first day of September, 1856. The land was sold for delinquent taxes by the collector of the revenue of Franklin county on the fourth day of June, 1867, at which sale one Henry T. Mudd became the purchaser, and received the collector’s certificate of purchase therefor, which he. on the thirtieth day of November, 1869, assigned to one John
Defendants and those under whom they claim showed a regular chain of title from the United States G-overnment. At the close of plaintiff’s evidence, and also at the close of all the evidence, defendants ask the court to instruct the jury that under the law and the evidence the verdict must be for defendants, which the court declined to do, and defendants saved their exceptions.
It is insisted that the court committed error in refusing to give the instruction asked by defendants in the nature of a demurrer to the evidence at the close of plaintiffs’ case, and in refusing a like instruction asked by defendant at the close of all the evidence. This contention is predicated upon the ground, as contended by defendants, that there was no evidence
It is true that the instructions given by the court on the part of plaintiffs, and especially the first, are subject to verbal criticism, but when taken in connection with those given on the part of defendants the case was very fairly presented to the jury.
Einding no reversible error in the record we affirm the judgment.