Gaines v. Saunders
Supreme Court of Missouri
Appeal from Caldwell Circuit■ Court. — IIon. James M. • . Davis, Judge. (1) After the sheriff’s sale his patents and deed could give John Middaugh no color of title. Hunter v. Ayres, 15 B. Monroe, 210 ; Mylar v. Hughes, 60 Mo. 111. Although an owner of real estate may suffer it to remain unoccupied for any number of years, yet his title •draws with it the possession until the adverse possession .begins.
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Appeal from Caldwell Circuit■ Court. — IIon. James M. • . Davis, Judge. (1) After the sheriff’s sale his patents and deed could give John Middaugh no color of title. Hunter v. Ayres, 15 B. Monroe, 210 ; Mylar v. Hughes, 60 Mo. 111. Although an owner of real estate may suffer it to remain unoccupied for any number of years, yet his title •draws with it the possession until the adverse possession .begins. Douthitt v. Stinson, -63 Mo. 275; Turner v. Baker, 64 Mo. 218. (2) The court erred in refusing plaintiffs’ offer to prove that the land had been assessed to .and in the name of William…
1Opinion of the Court
Noktoít, J.
This suit is by ejectment to recover the possession of three hundred and sixty acres of land in :Caldwell county. The answer is a general denial and also sets up the statute of limitations as a bar to plaintiffs? action. The trial wa,s had before the court without the intervention of a jury, and resulted in- a judgment for defendants, from which plaintiffs have appealed to this court. It appears from the record that John Middaugh had acquired title to the land in dispute in 1853 and 1855, by virtue of patents issued to him by the United ■States and by virtue of a deed from Reed,…
2Cases cited4 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Hughes v. IsraelSupreme Court of Missouri · 1881
- Rannels ex rel. Renick v. RannelsSupreme Court of Missouri · 1873
- Turner v. HallSupreme Court of Missouri · 1875
3Cited by8 opinions
- Pharis v. JonesSupreme Court of Missouri · 1894
- Allen v. MansfieldSupreme Court of Missouri · 1891
- Benne v. MillerSupreme Court of Missouri · 1899
- Crider v. MeatteSupreme Court of Missouri · 1928
- Saville v. BradshawSupreme Court of Missouri · 1962
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