Miller v. Bledsoe
Supreme Court of Missouri
Error to Franklin Circuit Gourt. [. The testimony goes to show a tenancy in common between plaintiffs and defendant, which would continue till an ouster; and till then no right of action accrued.
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Error to Franklin Circuit Gourt. [. The testimony goes to show a tenancy in common between plaintiffs and defendant, which would continue till an ouster; and till then no right of action accrued. As to what constitutes ouster between tenants in common, instruction No. o for defendant correctly declared the law, and is sustained by Paul vs. Lepeyre (47 Mo., 557). Defendant took Hendricks’ deed with record notice that Hendricks held under Alton Long, and he took nothing but Long’s life estate. There could have been no ouster ns to James or his grantors till the right of entry accrued, which…
1Opinion of the CourtNapton, Judge
This is an action of ejectment to recover forty acres of land in Franklin county. There are twenty plaintiffs, who claim to represent Richard Caulk. The suit was brought on the 16th of March, 1870, and the principal defense was the stat nte of limitations.
The plaintiffs gave in evidence a patent from the United States, dated June 3, 1856, to Richard Caulk or his legal representatives, and to his or their heirs. This patent recited certificate No. 35 of the Surveyor General at St. Louis, whereby it appeared that the claim of Richard Caulk, or his legal representatives, is entered in the first…
2Cases cited7 opinions
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
- Chauvin v. Wagner & DorsettSupreme Court of Missouri · 1853
- Reaume v. ChambersSupreme Court of Missouri · 1855
- Miller v. ShacklefordCourt of Appeals of Kentucky · 1835
- Primm v. WalkerSupreme Court of Missouri · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bradley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Foote v. ClarkSupreme Court of Missouri · 1890
- Sutton v. DameronSupreme Court of Missouri · 1889
- Jones v. WhitsettSupreme Court of Missouri · 1883
- Harris v. RossSupreme Court of Missouri · 1885
2 more not listed; retrieve them via the Exa API.