Allen v. Morris
Supreme Court of Missouri
Appeal from Bates Circuit Court. — No». C. A. Denton, Judge. . (1) The possession of one tenant in common is the possession of all. Bernecker v. Miller, AO Mo. 473; Long v. McDow, 87 Mo. 197; Rodney v. McLaughlin, 97 Mo. 426 ; Stevens v. Martin, 168 Mo. 407. The entry and possession of one tenant in common is prima facie in support of the title of his cotenants. There must be some notorious and unequivocal act, indicating the intention to hold adversely.
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Appeal from Bates Circuit Court. — No». C. A. Denton, Judge. . (1) The possession of one tenant in common is the possession of all. Bernecker v. Miller, AO Mo. 473; Long v. McDow, 87 Mo. 197; Rodney v. McLaughlin, 97 Mo. 426 ; Stevens v. Martin, 168 Mo. 407. The entry and possession of one tenant in common is prima facie in support of the title of his cotenants. There must be some notorious and unequivocal act, indicating the intention to hold adversely. A declaration of such intention to a stranger is not sufficient unless brought to the knowledge of the cotenant. Warfield v. Lindell, 30 Mo.…
1Opinion of the CourtGraves, P. J.
Action to qmét title to eighty acres of land in Bates county. In the petition it is charged that the land was entered by one John Morris in 1845; that said John'Morris, whom we will here*361after designate as John Morris, Sr., died in 1847 or 1848, leaving a widow and two sets of children. One set of these children were by the first wife of John Morris, Sr., and the other by his second wife and widow. The defendants in the suit are the first set of children and their descendants, where any had died. The defendants also include husbands of some of the married girls. The widow or second wife died…
2Cases cited8 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Warfield v. LindellSupreme Court of Missouri · 1866
- Hannibal & St. Joseph Railroad v. ClarkSupreme Court of Missouri · 1878
- Hendricks v. MusgroveSupreme Court of Missouri · 1904
- Mississippi County v. VowelsSupreme Court of Missouri · 1890
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3Cited by15 opinions
- Torrez v. BradyNew Mexico Supreme Court · 1932
- Marshall v. CallahanMissouri Court of Appeals · 1950
- Bradford v. ArmijoNew Mexico Supreme Court · 1922
- White v. WilksSupreme Court of Missouri · 1962
- Liddell v. GordonCourt of Appeals of Texas · 1922
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