Pharis v. Jones
Supreme Court of Missouri
Appeal from Barry Circuit Court. — Hon. Joseph Ckavens, Judge. (1) Where one occupies land’ up to a certain line, under a mistaken belief that it is the true line, but with no intention to claim beyond the actual line or legal boundary, “such a possession will not be deemed so adverse as to start the statute of limitations to run against the rightful owner.
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Appeal from Barry Circuit Court. — Hon. Joseph Ckavens, Judge. (1) Where one occupies land’ up to a certain line, under a mistaken belief that it is the true line, but with no intention to claim beyond the actual line or legal boundary, “such a possession will not be deemed so adverse as to start the statute of limitations to run against the rightful owner. Tiedeman on Real Property [1 Ed.], sec. 699; University v. McCune, 28 Mo. 481; S'chad v. Sharp, 95 Mo. 573; Jacobs v. Mosely, 91 Mo. 457. (2) The deed under which Pharis now claims, was void on its face and could not give color of title.…
1Opinion of the CourtBurgess, J.
Ejectment for the southwest quarter •of the southwest quarter of section 29, township 23, range 27. The petition is in the usual form, and the .answer a general denial. The land is timbered. At the time plaintiff obtained a quitelainf deed for it from Boon, August 3, 1867, it wTas unfenced, except about two acres on one corner which ran down into the inclosure of what is known as the Mason farm. Little-berry Mason, who originally owned the farm, died in 1853, leaving a widow and eight children. His widow •occupied by herself and tenant a part of the farm of which her husband died seized,…
2Cases cited3 opinions
- Read v. AllenTexas Supreme Court · 1885
- St. Louis University v. McCuneSupreme Court of Missouri · 1859
- Gaines v. SaundersSupreme Court of Missouri · 1885
3Cited by25 opinions
- Teson v. VasquezMissouri Court of Appeals · 1977
- Miller v. WarnerSupreme Court of Missouri · 1968
- Conran v. GirvinSupreme Court of Missouri · 1960
- Horton v. GentrySupreme Court of Missouri · 1948
- Snadon v. GayerMissouri Court of Appeals · 1978
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