(Download) "Tom Aley v. Hacienda Farms" by Missouri Court of Appeals Southern District # eBook PDF Kindle ePub Free
eBook details
- Title: Tom Aley v. Hacienda Farms
- Author : Missouri Court of Appeals Southern District
- Release Date : January 27, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Plaintiff's first amended petition filed March 28, 1975, asked actual and punitive damages of defendants for real estate trespass.
The petition aped the description of the property recited in the March 18, 1966, deed given plaintiff by his grantors. Neither
the deed nor the petition asserted that plaintiff's north property line was delineated by an agreed boundary fence. On the
day trial commenced, April 6, 1977, or two years after the first amended petition was filed, the court permitted plaintiff
to again amend his pleading by declaring that his north property line "was an agreed boundary fence which was upon the boundary
line between Plaintiff's property and Defendant's property." The trial court directed a verdict for defendants at the close
of plaintiff's evidenceand plaintiff appealed. (When used in the singular hereinafter, the term "defendant" refers to Hacienda
Farms, Inc., owner of property north of plaintiff's land). Plaintiff asserts in his two points relied on: "I The trial court erred in granting defendants' motion for a directed verdict
... because plaintiff made a prima facie case establishing the existence of a boundary line fence ... and that defendants
had trespassed on plaintiff's land ... causing damage. II The trial court erred in sustaining defendants' objection to the
testimony of Bennie Rozell concerning his servey diagram, and excluding the Rozell diagram because such evidence was admissible
to establish the location of the boundary line between plaintiff's and defendant['s] property."
 "Tom Aley v. Hacienda Farms" by Missouri Court of Appeals Southern District # eBook PDF Kindle ePub Free){kind=link}