Fox v. Windes
Supreme Court of Missouri
Appeal from Barry Circuit Court. — Hon. J. C. Lamson, Judge. On November 7, 1891, plaintiffs brought ejectment for the southeast quarter of the southeast quarter of section 27, township 22, range 28. They are the children and heirs at law of John M. Lillard. The tract in litigation is part of one as set forth in the subjoined plat: NORTH. James M. Lilliard is the common source of title, and the former owner of the whole land described in the plat.
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Appeal from Barry Circuit Court. — Hon. J. C. Lamson, Judge. On November 7, 1891, plaintiffs brought ejectment for the southeast quarter of the southeast quarter of section 27, township 22, range 28. They are the children and heirs at law of John M. Lillard. The tract in litigation is part of one as set forth in the subjoined plat: NORTH. James M. Lilliard is the common source of title, and the former owner of the whole land described in the plat. He had-three children, John M., Pleasant Y. and Sarah M., commonly called “Maggie.” On the sixth of March, 1867, James M. conveyed to his two sons,…
1Opinion of the CourtShebwood, J.
Upon the foregoing facts detailed in evidence, we have no doubt that defendant was entitled to judgment. There was no warrant in the evidence on which to base the conclusion that the pos*511session of James M. Lillard was in any sense “permissive’7 after lie had made the two reciprocal deeds of correction of April 10, 1869, and especially after the acceptance of one of them by John M. Lillard, whom we shall presume after such a lapse of time was acting for his brother; Pleasant V. And it will be presumed-, also, that, John M. and his brother having sold the land to Booth, they executed a deed in…
2Cases cited3 opinions
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- Fitzgerald v. BarkerSupreme Court of Missouri · 1888
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3Cited by29 opinions
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- Sutorius v. MayorSupreme Court of Missouri · 1943
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