Dice v. Hamilton
Supreme Court of Missouri
Appeal from DeKalb Circuit Court. — Hon. A. D. Bumes, Judge. This land was never fenced by anyone until about "1867 or 1868. The statute was then in force at' tbe time the land was fenced, and the defendant claims title by actual possession through his grantors, and not by color of title; for his deeds do not cover the land in controversy. So before any actual possession of this strip of land had been taken, the statute had been enacted.
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Appeal from DeKalb Circuit Court. — Hon. A. D. Bumes, Judge. This land was never fenced by anyone until about "1867 or 1868. The statute was then in force at' tbe time the land was fenced, and the defendant claims title by actual possession through his grantors, and not by color of title; for his deeds do not cover the land in controversy. So before any actual possession of this strip of land had been taken, the statute had been enacted. G. S. 1865, sec. 7, p. 746. Defendant’s forty acres of land lies immediately west of plaintiff’s forty acres, and defendant insists upon crossing the line…
1Opinion of the CourtMarshall, J.
This is an action in ejectment for a triangular strip of land lying on the northwest quarter of the northeast quarter of section 16, township 58, range 30, in DeKalb county, Missouri, and described in the petition as follows: “Commencing at a point twenty-eight feet east of the northwest corner of said forty-acre tract, and running thence in a southwesterly direction to the southwest comer of said forty-acre tract.”
*83The petition is in the nsnal form, the ouster being laid as of December 2, 1897. The answer is a general denial, but the real defense is title by limitation. The trial court…
2Cases cited4 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Hart v. LeeteSupreme Court of Missouri · 1891
- Minton v. SteeleSupreme Court of Missouri · 1894
- Trigg v. TaylorSupreme Court of Missouri · 1858
3Cited by8 opinions
- State ex rel. Major v. Arkansas Lumber Co.Supreme Court of Missouri · 1914
- Gratiot Street Warehouse Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- City of St. Louis v. G. H. Wright Contracting Co.Supreme Court of Missouri · 1908
- Jonesboro v. United Iron Works Co.Missouri Court of Appeals · 1906
- City of Pacific v. RyanSupreme Court of Missouri · 1930
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