Legal Opinion

Morgan v. Pott

Missouri Court of Appeals

Decided April 16, 1907PublishedCited by 4 opinions

Appeal from Pemiscot Circuit Court. — Hon Henry O. Riley, Judge. (1) This is an action to recover damages for the trespass in cutting timber on the northwest quarter of section 13., township 19, range 11. It can be maintained only on one of two theories: (a) That plaintiffs were in the actual possession of the land when the trespass was committed; or (b) That the land was not in the actual possession of any one, but was in constructive possession of the plaintiffs as the…

Read the full summary

Appeal from Pemiscot Circuit Court. — Hon Henry O. Riley, Judge. (1) This is an action to recover damages for the trespass in cutting timber on the northwest quarter of section 13., township 19, range 11. It can be maintained only on one of two theories: (a) That plaintiffs were in the actual possession of the land when the trespass was committed; or (b) That the land was not in the actual possession of any one, but was in constructive possession of the plaintiffs as the legal owner. Neither of these conditions existed in this case. Brown v. Hartzell, 87 Mo. 568; Hampton v. Massey, 53 Mo.…

1Opinion of the CourtBland, P. J.

(after stating the facts). — We do not think the court erred in excluding the Kyser-Barcroft mortgage. There is nothing to show that it was ever foreclosed, and more than twenty years having-elapsed since its execution, the presumption is that it was paid and satisfied. [R. S. 1899, sec. 4277.]

2. None of the plaintiffs were parties to the Suit to recover delinquent taxes; for this reason, if for no other, the tax deed read in evidence was ineffectual to pass their title to the purchaser at the tax sale. But defendant contends that his predecessors took possession of the land claiming- title…

2Cases cited11 opinions

  1. Jones v. WilliamsSupreme Court of Missouri · 1897
  2. Pharis v. JonesSupreme Court of Missouri · 1894
  3. Manning v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1904
  4. State ex rel. Grimm v. Manhattan Rubber Manufacturing Co.Supreme Court of Missouri · 1899
  5. Nye v. AlfterSupreme Court of Missouri · 1895

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Tamko Asphalt Products, Inc. v. FenixMissouri Court of Appeals · 1959
  2. Himmelberger-Harrison Lumber Co. v. McCabeSupreme Court of Missouri · 1909
  3. Gibson v. St. Joseph Lead Co.Missouri Court of Appeals · 1937
  4. Tamko Asphalt Products, Inc. v. FenixMissouri Court of Appeals · 1959

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API