Nalle v. Parks
Supreme Court of Missouri
Appeal from Madison Circuit Court. — How. Frank B. Bearing, Judge. (1) The relations between cotenants, as owners of the fee in lands are those of trust and confidence, and are in no sense antagonistic. Jones v. Stanton, 11 Mo. 433. (2) ' The removal of any incumbrance, be it of whatever nature or kind, enures to the benefit of all, and the possession of one is the possession of all the cotenants.
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Appeal from Madison Circuit Court. — How. Frank B. Bearing, Judge. (1) The relations between cotenants, as owners of the fee in lands are those of trust and confidence, and are in no sense antagonistic. Jones v. Stanton, 11 Mo. 433. (2) ' The removal of any incumbrance, be it of whatever nature or kind, enures to the benefit of all, and the possession of one is the possession of all the cotenants. (3) Contribution is the only remedy as between the tenant, who releases the title and land from the incumbrance, and the cotenant, and this remedy he may, or may not, assert. If he asserts it, he…
1Opinion of the CourtBurgess, J.
This is an action of ejectment for the possession of twenty-one acres of land in Madison county. The petition is in the usual form. Ouster laid November 24, 1892.
Defendants by their answer deny all of the allegations in the petition, and, then allege that they are the owners of said real estate, and that it was conveyed to them by one Benjamin B. Cahoon, Sr., by general warranty deed on November 24,1892, and that said deed was duly recorded in the recorder’s office of said county. “That plaintiff has pending in the circuit court of said county an action against said Cahoon, wherein he…
2Cases cited8 opinions
- Lee v. FoxCourt of Appeals of Kentucky · 1838
- Nofsinger v. HartnettSupreme Court of Missouri · 1884
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
- Mandeville v. SolomonCalifornia Supreme Court · 1870
- Clay v. MayrSupreme Court of Missouri · 1898
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3Cited by4 opinions
- Wendorff v. Missouri State Life InsuranceSupreme Court of Missouri · 1927
- Becker v. BeckerSupreme Court of Missouri · 1914
- Stamps v. FrostCourt of Appeals of Kentucky · 1918
- Preston v. DixonWest Virginia Supreme Court · 1921