Snell v. Harrison
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. James H. Lay, Judge. (1) A party out of possession can not maintain partition against one in possession and bolding adversely to him.
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Appeal from Johnson Circuit Court. — Hon. James H. Lay, Judge. (1) A party out of possession can not maintain partition against one in possession and bolding adversely to him. Wommack v. Whitmore, 58 Mo. 448; Sausier v. Iron Co., 110 Mo.. 189; Colvin v. Sauenstein, 110 Mo. 575. (2) The plea of the statute of limitations, that is, that defendant Brunetta Harrison is now, and for more than ten years before the filing of plaintiff’s petition has been, in the open, visible, notorious, exclusive, adverse, and uninterrupted possession of' all the land sued for, is a complete defense to this action.…
1Opinion of the CourtBbace, C. J.
This is an action in partition by the devisees and heirs at law of John Snell, deceased, against Brunetta Harrison and Q-eorge W. Harrison, her husband, and the administrator of Harvey Harrison, deceased, in which the plaintiffs obtained judgment and order of sale, and the defendants appeal.
*498The land sought to be divided is one hundred and sixty acres situate in section 13, township 45, range 24, in said county, particularly described in the petition, in which it is alleged that the plaintiff, John R. Snell, acquired the legal -title to the shares therein claimed by him and his coplaintiffs,…
2Cases cited6 opinions
- Snell v. HarrisonSupreme Court of Missouri · 1884
- Mabary v. DollarhideSupreme Court of Missouri · 1889
- Lambert v. BlumenthalSupreme Court of Missouri · 1858
- Doe ex dem. Kennedy's Heirs v. ReynoldsSupreme Court of Alabama · 1855
- Gower v. QuinlanMichigan Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Byrne v. ByrneSupreme Court of Missouri · 1921
- Estes v. NellSupreme Court of Missouri · 1897
- Estes v. NellSupreme Court of Missouri · 1901
- Matthews v. Citizens BankSupreme Court of Missouri · 1932
3 more not listed; retrieve them via the Exa API.