Legal Opinion

Chilton v. Nickey

Supreme Court of Missouri

Decided July 14, 1914PublishedCited by 10 opinions

Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) The proof in this case shows conclusively that neither plaintiff nor those itnder whom he claims have ever been in possession of the land in controversy or any part thereof, nor did the plaintiff or any one under whom he claims, pay any taxes on the land in controversy or any part thereof for more than thirty-five years- next before the commencement of this suit.

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Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) The proof in this case shows conclusively that neither plaintiff nor those itnder whom he claims have ever been in possession of the land in controversy or any part thereof, nor did the plaintiff or any one under whom he claims, pay any taxes on the land in controversy or any part thereof for more than thirty-five years- next before the commencement of this suit. But on the other hand, the proof shows that the defendant, by his agent or tenant, has been in the actual possession of a part of the lands in controversy for more…

1Opinion of the Court

ROY, C.

*238 Title.

*237Suit to quiet title in which judgment was for plaintiff. The land is the northeast. *238quarter, and the west half of the southeast quarter, of section - one; also the southeast quarter and lot one of the northeast quarter of section two, all in township twenty-three, range four east. It is wild timber land with no improvements, as hereinafter stated.

The answer contained a general' denial, except that it admitted a claim of ownership by defendant, and pleaded the thirty-year Statute of Limitations as to that part of the land in section one.

The plaintiff read in evidence a copy of a…

2Cases cited3 opinions

  1. Eminence Land & Mining Co. v. Current River Land & Cattle Co.Supreme Court of Missouri · 1905
  2. Davis v. MontgomerySupreme Court of Missouri · 1907
  3. Morrison v. BomerSupreme Court of Missouri · 1906

3Cited by10 opinions

  1. In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
  2. GM Morris Boat Co., Inc. v. BishopMissouri Court of Appeals · 1982
  3. Cullen v. JohnsonSupreme Court of Missouri · 1930
  4. Kline v. GroeschnerSupreme Court of Missouri · 1920
  5. Bixby v. BackuesSupreme Court of Missouri · 1940

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