Legal Opinion

McVey v. Carr

Supreme Court of Missouri

Decided February 12, 1901PublishedCited by 8 opinions

Appeal from Livingston Oircu.it Court. — Hon. H. J. Broaddus, Judge. . (1) Plaintiff can not recover on prior possession. Bledsoe v. Simms, 53 Mo. 305; Spurlock v. Dougherty, 81 Mo. 171; Prior v. Scott, 87 Mo. 303. (2) Plaintiff must recover on the strength of his own title, not on the weakness of defendant’s. Siemers v. Schrader, 14 Mo.

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Appeal from Livingston Oircu.it Court. — Hon. H. J. Broaddus, Judge. . (1) Plaintiff can not recover on prior possession. Bledsoe v. Simms, 53 Mo. 305; Spurlock v. Dougherty, 81 Mo. 171; Prior v. Scott, 87 Mo. 303. (2) Plaintiff must recover on the strength of his own title, not on the weakness of defendant’s. Siemers v. Schrader, 14 Mo. App. 346; Foster v. Evans, 51 Mo. 39; Whitmore v. Crawford, 106 Mo. 435. The court erred in admitting in evidence the deed from Graves to plaintiff, as the deed did not cover any of the land claimed by defendant, nor any of the land described in plaintiff’s…

1Opinion of the CourtBurgess, J.

This is ejectment for the possession of the southwest quarter of the southeast quarter, and the southeast quarter of the southwest quarter of section twenty-six, town-ship fifty-seven of range twenty-three, in Livingston county.

John Graves is the common source of title. The tract according to the Government survey contains 88.90 acres. *651John Graves sold this tract in three parcels. He sold the east half to Eobert M. Graham, on the twenty-third day of March, 1869, and the northwest quarter of said tract he sold to the plaintiff MeVey March 23, 1869, and on the ninth day of January, 1871, he…

2Cases cited15 opinions

  1. Bledsoe v. SimmsSupreme Court of Missouri · 1873
  2. Pharis v. JonesSupreme Court of Missouri · 1894
  3. Allen v. DegroodtSupreme Court of Missouri · 1891
  4. Hammerslough v. CheathamSupreme Court of Missouri · 1884
  5. Hall v. HallSupreme Court of Missouri · 1891

10 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Teson v. VasquezMissouri Court of Appeals · 1977
  2. Conran v. GirvinSupreme Court of Missouri · 1960
  3. Horton v. GentrySupreme Court of Missouri · 1948
  4. Snadon v. GayerMissouri Court of Appeals · 1978
  5. Adams v. CarpenterSupreme Court of Missouri · 1905

3 more not listed; retrieve them via the Exa API.

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