Leet v. Gratz, 92 Mo. App. 422 (1902)

Citation: Leet v. Gratz, 92 Mo. App. 422 (1902)
Parent Document: Leet v. Gratz, 92 Mo. App. 422 (1902)
Jurisdiction: Missouri (state)
Effective Date: 1902-02-18
Original Source: https://www.courtlistener.com/opinion/8296427/leet-v-gratz/ ↗

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Third. Instead of our conclusion being unsupported by any authority, we find one directly in point in this State. Pence v. Gabbert, 63 Mo. App. 302. That case was tried on an agreed statement of facts and was strikingly similar to the one at bar, with the exception that the ejectment suit had been carried to the Supreme Court and the outstanding title declared paramount by that tribunal. The facts were that George Gab-bert, deceased, had executed to Pence a warranty deed for certain land and Pence had gone into possession and continued to enjoy possession down to the time of the action on the covenant. Afterwards, Ann E. Throckmorton sued him in *435ejectment and obtained judgment in tbe Supreme Court for an undivided balf-interest in tbe land which the- plaintiff admitted she owned. Gabbert’s administrator was notified of tbe pendency of tbe ejectment suit, asked to defend it and did defend it unsuccessfully and Pence paid tbe rents and damages adjudged in favor of tbe plaintiff therein.

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