Legal Opinion

Wilson v. Lerche

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 2 opinions

Appeal from Jackson Circuit Court. — Hon. F. M. Black, Judge. Inasmuch as no question had been raised as to the title to the strip in suit for more than ten years, under purchase of June, 1870, and defendant all the while claiming and intending to own to the fence between enclosures, the title had vested in defendant, Richards, and having so vested, a subsequent dispute, if any, between plaintiffs and the defendant, could not divest defendant of his title.

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Appeal from Jackson Circuit Court. — Hon. F. M. Black, Judge. Inasmuch as no question had been raised as to the title to the strip in suit for more than ten years, under purchase of June, 1870, and defendant all the while claiming and intending to own to the fence between enclosures, the title had vested in defendant, Richards, and having so vested, a subsequent dispute, if any, between plaintiffs and the defendant, could not divest defendant of his title. Gray v. Yates, 67 Mo. 601. The dividing fence between the two enclosures was erected before the defendant or witness, Goodman, bought in…

1Opinion of the Court

Norton, C. J. —

This is an action of ejectment to recover possession of a strip of land of the width of about three feet off of the north side of lot fifty-three, in McGee’s addition to the City of Kansas. It appears from the record that both parties claim through one I. W. Thompson as the common source of title. Plaintiff, Belle H. Wilson, by various mesne conveyances, which were put in evidence, became, in 1881, the owner of lot *476fifty-three, in McGee’s addition to the City of Kansas, .and defendant, Richards, in 1870, became the owner of lot fifty-two, in said addition, and entered into…

2Cases cited3 opinions

  1. Tamm v. KelloggSupreme Court of Missouri · 1871
  2. Wilkerson v. ThompsonSupreme Court of Missouri · 1884
  3. Huckshorn v. HartwigSupreme Court of Missouri · 1884

3Cited by2 opinions

  1. Pitzman v. BoyceSupreme Court of Missouri · 1892
  2. Missouri Lumber & Mining Co. v. JewellSupreme Court of Missouri · 1906

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