(Download) "Leon Berry v. Johnnie L. Chitwood and" by Supreme Court of Missouri Division 2 ~ Book PDF Kindle ePub Free
eBook details
- Title: Leon Berry v. Johnnie L. Chitwood and
- Author : Supreme Court of Missouri Division 2
- Release Date : January 11, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Leon Berry has appealed from a judgment dismissing his petition with prejudice in which he alleged that a prior judgment was
void and constituted a cloud on his title to a tract of land in Reynolds County. Portions of this opinion are taken from a
previously prepared opinion without the use of quotation marks. Accepting as true the allegations in the petition, we have these facts. In April 1954 plaintiff instituted an action against
the defendants, Johnnie L. and Carrie Chitwood, to quiet title to a described tract of land in Reynolds County. There was
personal service on the defendants and an answer was filed by them. On September 8, 1955 the court entered judgment quieting
title in the described land in plaintiff, and the court decreed that defendants had no right, title or interest in the property.
No after trial motions were filed and no appeal was taken from the judgment. On October 20, 1955, more than thirty days after
the entry of the original judgment, the trial court entered a second judgment in the case. The new judgment recited that the
judgment rendered on September 8, 1955 "is set aside by agreement of parties hereto, and a new Judgment is entered." The new
judgment purported to quiet title to the described land in plaintiff "except approximately 6 to ten acres, approximately 400
feet wide, which is now under fence and which is being held adversely."