Battner v. Baker
Supreme Court of Missouri
Appeal from Buelmnan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The court erred in giving the declaration of law asked by respondent, to the effect that under the law and the evidence the finding should be for respondent. The undisputed evidence is that appellant Baker had been in the open, notorious, continuous, exclusive and adverse possession of the land in dispute for more than twenty years.
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Appeal from Buelmnan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The court erred in giving the declaration of law asked by respondent, to the effect that under the law and the evidence the finding should be for respondent. The undisputed evidence is that appellant Baker had been in the open, notorious, continuous, exclusive and adverse possession of the land in dispute for more than twenty years. The finding of the court is against the law and the evidence, and should have been for appellant. University v. MeCune, 28 Mo. 485; Walbrunn v. Bailen, 68 Mo. 164; Cole v. Parlcer, 70 Mo. 372 ;…
1Opinion of the CourtBlack, J.
This was an action of ejectment commenced in 1888 to recover a strip of land off of the south side of lot 4 in block 2 of Stewart’s addition to the city of St. Joseph. The lots in that block have a length of one hundred and twenty-five feet, running east and west, and a width of twenty-five feet each. They are numbered from north to south. The plaintiff owns lots l, 2, 3 and 4, and defendant owns lots 5, 6, 7 and 8.
At the trial the parties agreed upon the following-facts : That defendant, more than twenty years before the commencement of this suit, took possession of lots 4, 5, 6 and 7, and…
2Cases cited3 opinions
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Krider v. MilnerSupreme Court of Missouri · 1889
- Cole v. ParkerSupreme Court of Missouri · 1879
3Cited by7 opinions
- Goltermann v. SchiermeyerSupreme Court of Missouri · 1892
- Courtner v. PutnamSupreme Court of Missouri · 1930
- Turner v. MorganCourt of Appeals of Kentucky · 1914
- Wood v. BappSouth Dakota Supreme Court · 1918
- Davis v. BraswellSupreme Court of Missouri · 1904
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