Nye v. Alfter
Supreme Court of Missouri
Appeal from Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The finding and judgment of the court should have been for the plaintiff. The mere entry on waste and uncultivated and unimproved lands under a survey, or a conveyance or other claim of title, and occasional acts of trespass extending over the statutory period, though coupled with the payment of taxes, are not such acts of possession as will deprive the true owner of his title.
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Appeal from Morgan Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The finding and judgment of the court should have been for the plaintiff. The mere entry on waste and uncultivated and unimproved lands under a survey, or a conveyance or other claim of title, and occasional acts of trespass extending over the statutory period, though coupled with the payment of taxes, are not such acts of possession as will deprive the true owner of his title. Such acts are evidence of an adverse claim of title, but they do not amount to that actual, continued and uninterrupted possession, which is…
1Opinion of the CourtG-antt, P. J.
This is an action of ejectment for one hundred and sixty acres of land in Morgan county, Missouri. Petition in the usual statutory form and the answer a general denial.
The land was entered by Charles M. Nye, in 1858, who conveyed it to William H. Nye, the plaintiff, by general-warranty deed on the sixteenth day of April, 1861, which said deed was duly recorded in the recorder’s office of Morgan county, on the twenty-fourth day of April, 1861. The plaintiff is a resident of Indiana.
On the tenth day of February, 1881, the land was sold for- delinquent state and county taxes under a judgment in…
2Cases cited3 opinions
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Pharis v. JonesSupreme Court of Missouri · 1894
- Cook v. FarrahSupreme Court of Missouri · 1891
3Cited by11 opinions
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- Carter v. HornbackSupreme Court of Missouri · 1897
- Himmelberger-Harrison Lumber Co. v. McCabeSupreme Court of Missouri · 1909
- Crain v. PetermanSupreme Court of Missouri · 1906
- Herbst v. MerrifieldSupreme Court of Missouri · 1896
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