Patton v. Smith
Missouri Court of Appeals
Appeal from. Ray Circuit Court. — Sow. J. W. Alexander, Judge. (1) The line run by Banister in 1882 was an agreed line, as Kennedy at that time owned appellants ’ and Remelius owned respondent’s land, and both agreed on and employed Banister to survey and locate the line between the two tracts; and immediately after the line was located by Banister, both Kennedy and Remelius built the division fence thereon, Kennedy one-half and Remelius the other half, and from 1882 to 1898…
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Appeal from. Ray Circuit Court. — Sow. J. W. Alexander, Judge. (1) The line run by Banister in 1882 was an agreed line, as Kennedy at that time owned appellants ’ and Remelius owned respondent’s land, and both agreed on and employed Banister to survey and locate the line between the two tracts; and immediately after the line was located by Banister, both Kennedy and Remelius built the division fence thereon, Kennedy one-half and Remelius the other half, and from 1882 to 1898 there was no question raised about the line, but same was conceded to be the true, correct and agreed line. Respondent,…
1Opinion of the CourtMarshall, J.
Ejectment to recover a strip of land, 73 feet wide at the west end and 45 feet wide on' the east end, and 50| rods in length, off of the south end of the east half of the northwest quarter of section 17, in township 52, range 27, in Ray County. The action was begun September 6,1899. The petition is in the usual form and lays ouster as of March 1,1896. The answer is a general denial, with a special plea of the statute of limitations. The following diagram shows the status of the res and the respective holdings of the parties:
*235
*236In 1882 Remelius owned the eighty-acre tract, and one Samuel Kennedy…
2Cases cited5 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- State v. BixmanSupreme Court of Missouri · 1901
- Aull v. St. Louis Trust Co.Supreme Court of Missouri · 1899
- Schad v. SharpSupreme Court of Missouri · 1888
- McCabe v. BruereSupreme Court of Missouri · 1899
3Cited by10 opinions
- Salazar v. TerrySupreme Court of Colorado · 1996
- James v. GriffinNorth Dakota Supreme Court · 2001
- Krick v. ThompsonSupreme Court of Missouri · 1942
- Brokhausen v. WaubanseeMissouri Court of Appeals · 2002
- Tidwell v. WaldrupSupreme Court of Missouri · 1941
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