Rohlf v. Hayes
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. Thomas J. Seehorn, Judge,. Where plaintiff in his suit to quiet title tenders the issue of fee simple title, by alleging that he is the owner thereof, he must show a complete title from the patent, or must show a common source of title. The plaintiff made no prima-facie case and the- demurrer to the evidence should have been sustained, and judgment should have been for defendants.
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Appeal from Jackson Circuit Court. — Eon. Thomas J. Seehorn, Judge,. Where plaintiff in his suit to quiet title tenders the issue of fee simple title, by alleging that he is the owner thereof, he must show a complete title from the patent, or must show a common source of title. The plaintiff made no prima-facie case and the- demurrer to the evidence should have been sustained, and judgment should have been for defendants. Stewart v. Land Co., 200 Mo. 281; Toler v. Edwards, 249 Mo. 162; Noble v. Cates, 230 Mo. 189. The defendants having denied in their answer that they claim any right, title…
1Opinion of the CourtGraves, J.
The petition is an ordinary one to quiet title, under the statute, to a portion of Lot 8 of Harrison Boulevard Place, an addition to Kansas City, Missouri. Plaintiffs claim a fee simple title in the petition, and avers that defendants “claim some right, title or interest” in this portion of said lot.
Defendants’ answer reads thus:
“Now come the defendants and for answer to the plaintiff’s petition deny each and every allegation therein contained.’ ’
After hearing evidence upon the part of plaintiffs, the defendants demurred thereto, and stood upon their demurrer. The court entered judgment for…
2Cited by9 opinions
- Trower v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1941
- Texas Landscape Co. v. LongoriaCourt of Appeals of Texas · 1930
- Sanders v. JonesSupreme Court of Missouri · 1941
- State Ex Rel. Thompson v. ShainSupreme Court of Missouri · 1941
- Leonard v. BelangerNevada Supreme Court · 1950
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