Rutherford v. Ullman
Supreme Court of Missouri
Appeal from Fifth District Court. I. The statute under which this proceeding was had was only-intended to give a party a remedy, where he owned land and was in undisturbed possession thereof, by compelling a person who claimed to have some adverse title to assert it in the court and have the title quieted. But it was not intended to confer this right upon any one who was in a condition where he could bring an ejectment himself to try the title.
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Appeal from Fifth District Court. I. The statute under which this proceeding was had was only-intended to give a party a remedy, where he owned land and was in undisturbed possession thereof, by compelling a person who claimed to have some adverse title to assert it in the court and have the title quieted. But it was not intended to confer this right upon any one who was in a condition where he could bring an ejectment himself to try the title. If the adverse claimant .was in possession of any part of the land, he could bring his suit ■against him, and did not need the statutory remedy. H.…
1Opinion of the CourtWagner, Judge
This was an action commenced by the respondent against the appellant, in the Court of Common Pleas for Buchanan county, under section 53, chapter 165, of General Statutes, providing for quieting titles. The plaintiff, in his petition, charged that he was the owner in fee of a certain lot in the city of St. Joseph, and was in lawful and peaceable possession of the same, and that he was credibly informed and believed that *218the defendant made some claim to the property adverse to the estate of the plaintiff; and prayed that the defendant might be summoned to show cause why he should not bring an…
2Cases cited1 opinion
- Von Phul v. PennSupreme Court of Missouri · 1861
3Cited by10 opinions
- Swayze v. BrideMissouri Court of Appeals · 1889
- Northcutt v. EagerSupreme Court of Missouri · 1896
- Dyer v. BaumeisterSupreme Court of Missouri · 1885
- Merchants' Bank v. ClavinSupreme Court of Missouri · 1875
- McCartney v. AuerSupreme Court of Missouri · 1872
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