Davis v. Braswell
Supreme Court of Missouri
Appeal from Oregon Circuit Court. — Hon. W. N. Evans, Judge. That respondent never intended to claim beyond the true line is made clear as can be by his own evidence. That he believed the Simpson survey to be the . true line is conceded. Appellants thought likewise, but neither party ever thought of claiming beyond the true line. Such possession can never be adverse.
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Appeal from Oregon Circuit Court. — Hon. W. N. Evans, Judge. That respondent never intended to claim beyond the true line is made clear as can be by his own evidence. That he believed the Simpson survey to be the . true line is conceded. Appellants thought likewise, but neither party ever thought of claiming beyond the true line. Such possession can never be adverse. Appellants’ refused instruction is based on authorities as old as the law, and on Missouri cases from the beginning to the end. The correctness of the rule of law therein stated is beyond question or cavil and should have been…
1Opinion of the Court
, GANTT, P. J.
This is an ejectment for a strip of land in Oregon county. The strip is 126 links wide at the north end narrowing to a point at the south end, off of the west side of lots 1, 2 and 3 of the northeast quarter of section 1, township 22, range 4, west of the 5th principal meridian in Oregon county.
This action was commenced on the 17th day of July, 1901. The petition is in the statutory and usual form. The ouster is laid as of March, 1901. The answer is a general denial.
The controversy is over a division line. Plaintiffs are admitted to have .the legal title to the west half of lots…
2Cases cited4 opinions
- Cole v. ParkerSupreme Court of Missouri · 1879
- Handlan v. McManusSupreme Court of Missouri · 1889
- Hedges v. PollardSupreme Court of Missouri · 1899
- Battner v. BakerSupreme Court of Missouri · 1891
3Cited by4 opinions
- City of Rock Springs v. SturmWyoming Supreme Court · 1929
- Tillman v. HutchersonSupreme Court of Missouri · 1941
- Edie v. ColemanMissouri Court of Appeals · 1940
- Johnson v. KirkCourt of Appeals of Kentucky · 1983