Feller v. Lee
Supreme Court of Missouri
Appeal from "Webster Circuit Court. — Hon. Argus Cox, Judge. (1) The circuit court properly held in the trial of this case that, since defendant had continually claimed title by virtue of his said tax deed and said tax deed came from a common source with plaintiff’s claim to title, and since defendant, in case judgment was entered in his favor, could properly have come into court after September 21, 1906, and pleaded his peaceable, adverse possession for a period of ten…
Read the full summary
Appeal from "Webster Circuit Court. — Hon. Argus Cox, Judge. (1) The circuit court properly held in the trial of this case that, since defendant had continually claimed title by virtue of his said tax deed and said tax deed came from a common source with plaintiff’s claim to title, and since defendant, in case judgment was entered in his favor, could properly have come into court after September 21, 1906, and pleaded his peaceable, adverse possession for a period of ten years under a claim of title based upon his said tax deed, he could not for the purpose of this case waive his claim to…
1Opinion of the CourtLamm, J.
The suit is ejectment. On a trial, without the aid of a jury, judgment went for defendant, and the cause is here on plaintiff’s appeal.
Ouster is laid as of March 2, 1905. Other aver-ments of the petition are conventional. The land in. dispute is the East one-half of the Southwest quarter of section 4, township 28, range 17, Webster county. The answer admits possession and denies other aver-ments.
Plaintiff’s case on the proofs and admissions is this:
*322(1) An admission in open court that defendant was in possession.(2) A quitclaim deed from John Rylett to I. S. Wilson, dated March 24, 1891,…
2Cases cited17 opinions
- Utter v. SidmanSupreme Court of Missouri · 1902
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Sanford v. KernSupreme Court of Missouri · 1909
- Hunter v. WethingtonSupreme Court of Missouri · 1907
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Betzler v. JamesSupreme Court of Missouri · 1910
- Williams v. SandsSupreme Court of Missouri · 1913
- Hoffman v. BighamSupreme Court of Missouri · 1930
- Crismond v. KendrickSupreme Court of Missouri · 1930
- Irvine v. RossSupreme Court of Missouri · 1936
7 more not listed; retrieve them via the Exa API.