Chouquette v. Barada
Supreme Court of Missouri
Error to St. Louis Land Court. This was an action in the nature of an action of ejectment, to recover possession of a lot in the city of Carondelet.
Read the full summary
Error to St. Louis Land Court. This was an action in the nature of an action of ejectment, to recover possession of a lot in the city of Carondelet. The petition, so far as it is necessary to set forth the same, is as follows : “ Plaintiffs state that they are tenants in common of the following described lot of ground or parcel of land, lying in the city of Carondelet [describing it] ; that said plaintiffs are entitled to immediate possession of said land, as tenants thereof, in fee simple absolute, having acquired the same by deed from the city of Carondelet, dated August 14th, 1852, and…
1Opinion of the CourtScott, Judge
It is apparent from the petition that the plaintiffs only claim through the title they acquired from Carondelet, and on that they rely for a recovery in this case. This makes it unnecessary to inquire into any title they or any portion of them may have as the heirs of Antoine Motier.
It can not be disputed that, in order to make a continuous adverse possession in successive occupants, it is necessary that there should be some privity between them. When one occupant enters after another, it must be with the consent of his predecessor, indicated by contract, or by an act of the law passing the…
2Cited by3 opinions
- Chouquette v. BaradaSupreme Court of Missouri · 1859
- Barker v. HayesSupreme Court of Missouri · 1941
- Dyer v. BrannockMissouri Court of Appeals · 1876