Legal Opinion

Shumate v. Snyder

Supreme Court of Missouri

Decided June 8, 1897PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — HoN. L. B. VALLI ANT, Judge, , (1) There is no finding of facts that plaintiff was in the open, actual, notorious, hostile, adverse, and continuous possession of the real estate described in the petition, at the time of the institution of this suit, the twelfth day of July, 1894, and for one year previous thereto, and the'court erred in failing to make such finding.

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Appeal from St. Louis City Circuit Court. — HoN. L. B. VALLI ANT, Judge, , (1) There is no finding of facts that plaintiff was in the open, actual, notorious, hostile, adverse, and continuous possession of the real estate described in the petition, at the time of the institution of this suit, the twelfth day of July, 1894, and for one year previous thereto, and the'court erred in failing to make such finding. Hall v. JB.aU, 107 Mo. 101; Pharis v. Bayless, 122 Mo. 116; R. S. 1889, secs. 6770 and 2027; Fugate v. Pierce, 49 Mo. 441; Borel v. Hollins, 30 Cal. 408; JMJusich v. Barney, 49 Mo. 458;…

1Opinion of the CourtMacfarlane, J.

This suit is to perfect title by limitation to two small tracts of land in the city of St. *81Louis. The petition charges that the title to the land has fully vested in plaintiff by virtue of section 6770, of the Revised Statutes of 1889, and he seeks a decree confirming his title under the provisions of section 2095 of said statutes.

The claim of plaintiff (though not fully stated in the petition) is that for more than one year before the commencement of the suit he had been in the lawful possession of the land and that one Benjamin E. C. Champion if living, and if dead his heirs, hold the…

2Cases cited7 opinions

  1. Bradley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
  2. Horrigan v. WellmuthSupreme Court of Missouri · 1883
  3. Napton v. LeatonSupreme Court of Missouri · 1879
  4. Northcutt v. EagerSupreme Court of Missouri · 1896
  5. Mansfield v. PollockSupreme Court of Missouri · 1881

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hall v. FrenchSupreme Court of Missouri · 1901
  2. Powell v. BowenSupreme Court of Missouri · 1919
  3. Graham v. KetchumSupreme Court of Missouri · 1905
  4. Dunnington v. HudsonSupreme Court of Missouri · 1909
  5. Osborn v. WeldonSupreme Court of Missouri · 1898

2 more not listed; retrieve them via the Exa API.

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