Merchants' Bank of St. Louis v. Harrison
Supreme Court of Missouri
Appeal from Livingston Circuit Court. The plaintiff asked the court to give the following instructions : 1. If plaintiff and defendants both claim the land in controversy through Jasper N. Bell, then it is sufficient prima facie for the plaintiff to prove its derivation of title from said Bell without proving said Bell’s title. 2. If Jasper N. Bell took possession of the land in suit in 1854 by cutting timber on it and making rails, exercising the usual acts of ownership…
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Appeal from Livingston Circuit Court. The plaintiff asked the court to give the following instructions : 1. If plaintiff and defendants both claim the land in controversy through Jasper N. Bell, then it is sufficient prima facie for the plaintiff to prove its derivation of title from said Bell without proving said Bell’s title. 2. If Jasper N. Bell took possession of the land in suit in 1854 by cutting timber on it and making rails, exercising the usual acts of ownership over it, and claimed the whole of said land to be his, and in the spring of 1854 fenced a field on said land, and exercised…
1Opinion of the CourtHolmes, Judge
This was an action of ejectment for the possession of a tract of land lying in the county of Livingston. The petition alleged that the plaintiff was a corporation under the laws of the State. The answer denies the material allegations of the petition. Both parties claimed title under Jasper N. Bell, the common grantor. It was amply proved that Jasper N. Bell,, prior to any conveyance to eitheiv party, had had possession of the land claiming title by and for nearly ten years at least. Documentary evidence was offered by the plaintiff to show a complete chain of title from the United States to…
2Cases cited2 opinions
- Duncan v. MatneySupreme Court of Missouri · 1860
- Dunnica v. CoySupreme Court of Missouri · 1859
3Cited by11 opinions
- Kane v. McCownSupreme Court of Missouri · 1874
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
- Summer v. MitchellSupreme Court of Florida · 1892
- Holden v. LynnSupreme Court of Oklahoma · 1911
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
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