Shaffer v. Detie
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Eon. E. G. Riley, Judge. (1) The defendants, on cross-examination of the plaintiff, sought to attack plaintiff’s title1, and a conveyance, by showing that Newton C. Morehead was a minor at the time he executed a certain deed to Scobey, in plaintiff’s title.
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Appeal from New Madrid Circuit Court. — Eon. E. G. Riley, Judge. (1) The defendants, on cross-examination of the plaintiff, sought to attack plaintiff’s title1, and a conveyance, by showing that Newton C. Morehead was a minor at the time he executed a certain deed to Scobey, in plaintiff’s title. The plaintiff objected to the question of the minority of Newton C. Morehead, as the minority of one of the grantors to plaintiff’s title could not be any defense to the defendants, who are third parties to the conveyance. The court overruled the objection, to which plaintiff duly excepted, and the…
1Opinion of the CourtLamm, J.
Ejectment for the southeast quarter of the southwest quarter of section 17, township 21, range 13 in New Madrid county. Ouster laid as of January 1, 1901. Petition in common form. Detie is alleged to be in possession of the locus as tenant of his co-defendants, the DeLisles.
By joint answer, Detie’s possession as tenant of the DeLisles is admitted, and an adverse; visible and continuous possession under claim of right and color of title, since 1878, is pleaded in the defendants and their grantors, thereby invoking the Statute of Limitations as a defense.
By way of matter in pais, constituting…
2Cases cited29 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Ridgeway v. HollidaySupreme Court of Missouri · 1875
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Kostuba v. MillerSupreme Court of Missouri · 1897
- Wendover v. BakerSupreme Court of Missouri · 1894
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3Cited by20 opinions
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- Withers v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1910
- Martin v. KitchenSupreme Court of Missouri · 1906
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