Section 523

Citation: Section 523
Parent Document: State v. Muegge, 842 S.W.2d 192 (1992)
Jurisdiction: Missouri (state)
Effective Date: 1992-11-24
Original Source: https://www.courtlistener.com/opinion/2431294/state-v-muegge/ ↗

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In Wilson’s third point, he presents three competing theories on how we have jurisdiction to consider his claim that he acquired title to the leased premises by adverse possession. First, Wilson contends that he presented the elements of adverse possession to the trial court, but he merely failed to label his theory of recovery as such. Second, Wilson argues that he presented his theory of adverse possession in the Suggestions he filed after the hearing. Wilson argues that under Rule 73.01(c)(1) we must review this case upon both the law and the evidence as in suits of an equitable nature. Wilson further argues that under Rule 73.01(c)(3) we must consider admissible evidence which was rejected by the trial court but was preserved. Wilson suggests that we order that proffered evidence which was rejected by the trial court and not preserved be taken by deposition or by reference to a master under Rule 68.03 and returned to us. Alternatively, Wilson encourages us to consider this point for plain error review.

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