Wilkerson v. Thompson
Supreme Court of Missouri
Appeal from Putnam Circuit Court. — PIon. John W. Henry, Judge. Neither party having shown a paper or other legal title to the land, and the defendant being admitted to have the prior possession, the right is presumptively with him. Prior possession is evidence of the better right as against a party not showing title, or a right to the possession.
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Appeal from Putnam Circuit Court. — PIon. John W. Henry, Judge. Neither party having shown a paper or other legal title to the land, and the defendant being admitted to have the prior possession, the right is presumptively with him. Prior possession is evidence of the better right as against a party not showing title, or a right to the possession. Crockett v. Morrison, 11 Mo. 3 ; Dale v. Faivre, 43 Mo. 556; Dledsoe v. Sims, 58 Mo. 305 ; Norfleet v. Russell, 64 Mo. 176. The two instructions given for plaintiff, submitted the facts on which he relied in the most favorable light. Plaintiff'…
1Opinion of the CourtRay, J.
This is an action of ejectment for the northeast quai’ter of sectioxx 14, township 58, range 21, in Linn comxty, Missouri. Suit was commexxced ixx the Linn circuit coux’t oxx May 12, 1871. The petitioxx is in the usual form. The answer a general dexxial. A change of vexiue was afterward awarded to the Putnam circuit court, where the cause was tx’ied by a jury, resulting in a verdict for the defexxdaxxt, and judgment accordingly, from which the plaixxtiff has appealed to this coux't.
Oix the trial neither pxlaintiff nor defexidant offered axxy pxaper title to the land in controversy. The…
2Cases cited6 opinions
- Peck v. RitcheySupreme Court of Missouri · 1877
- Washington Mutual Fire Insurance v. St. Mary's SeminarySupreme Court of Missouri · 1873
- Rice v. BunceSupreme Court of Missouri · 1872
- Thompson v. BottsSupreme Court of Missouri · 1844
- Skinner v. StouseSupreme Court of Missouri · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
- Pitzman v. BoyceSupreme Court of Missouri · 1892
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- Roanoke Investment Co. v. Kansas City & Southeastern Railway Co.Supreme Court of Missouri · 1891
- Gordon v. EansSupreme Court of Missouri · 1888
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