Porter v. Gaines
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. William S. Herndon, Judge. (1) Evidence as to alleged admissions of plaintiff that he did not claim the strip of land in controversy by adverse possession should not have been admitted, because such admissions, even if true^ would constitute no defense to plaintiff’s claim of title or possession of the land. St. Louis Pub.
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Appeal from Platte Circuit Court. — Hon. William S. Herndon, Judge. (1) Evidence as to alleged admissions of plaintiff that he did not claim the strip of land in controversy by adverse possession should not have been admitted, because such admissions, even if true^ would constitute no defense to plaintiff’s claim of title or possession of the land. St. Louis Pub. Schools v. Risley, 28 Mo. 415; Miller v. Rosenker, 144 Mo. 292. Estoppel has no application to the facts involved in this case. Suddarth v. Robertson, 118 Mo. 286; Goltermann v. Sehiermeyer, 111 Mo. 419. The instruction given on…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment to recover a strip of land in the west half of the northwest quarter of section 36, toAimship 52, of range 35, in the county of Platte, contained within the folloAving metes and bounds: “Beginning at -a. point on the east line of said west half of the said northwest quarter 54 rods south of the section line, and running thence west 60 rods, thence south one rod, thence east 60 rods, thence north one rod to the place of beginning.” The petition is in common form. The answer is a general denial. The verdict and judgment Avas for the defendant, and the plaintiff…
2Cases cited1 opinion
- St. Louis Public Schools v. RisleySupreme Court of Missouri · 1859
3Cited by4 opinions
- Barrett v. PerkinsSupreme Court of Minnesota · 1911
- Sawyer v. ThomasMissouri Court of Appeals · 1905
- City of Jacksonville v. BrowardSupreme Court of Florida · 1935
- Hansen v. LindstromWashington Supreme Court · 1932