Cantlin v. Holladay-Klotz Land & Lumber Co.
Supreme Court of Missouri
Appeal from Wayne Circuit Court. — Hon. J. E. Green, Judge. (1) Plaintiff showed color of title by warranty deed, which implies seizin and possession unless adverse possession should appear. Therefore plaintiff could sue in ejectment. Thompson v. Newberry, 93 Mo. 18; Dyer v. Krackauer, 14 Mo. App. 39; Apperson v. Allen, 42 Mo.
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Appeal from Wayne Circuit Court. — Hon. J. E. Green, Judge. (1) Plaintiff showed color of title by warranty deed, which implies seizin and possession unless adverse possession should appear. Therefore plaintiff could sue in ejectment. Thompson v. Newberry, 93 Mo. 18; Dyer v. Krackauer, 14 Mo. App. 39; Apperson v. Allen, 42 Mo. App. 537; Brown-well v. Brownwell, 19 Wend. 369; Thompson v. Woolf, 8 Or. 454; Tomkins v. Wyman, 116 Mass. 558; India Wharf v. Central Wharf, 117 Mass. 504; Brown v. Matthews, 117 Mass. 506. (2) The evidence shows such acts of ownership as were sufficient to amount to…
1Opinion of the CourtGantt, P. J.
This is an action to quiet title to certain timber lands in Wayne county, under section 2092, E. S. 1889.
This petition is in usual form, and in its answer defendant averred it was the owner in fee simple of the land.
Judgment was given for defendant on the ground that plaintiff was not in possession of the land when he commenced his action and hence did not bring himself within the statute on which he relied.
Plaintiff’s evidence was to the effect that he purchased the land on June 10, 1886, paid the back taxes thereon and the current taxes for each year since to the bringing of this suit; that…
2Cases cited5 opinions
- Pharis v. JonesSupreme Court of Missouri · 1894
- Von Phul v. PennSupreme Court of Missouri · 1861
- Sweringen v. St. LouisSupreme Court of Missouri · 1899
- Dyer v. BaumeisterSupreme Court of Missouri · 1885
- Colline Real Estate & Building Ass'n v. JohnsonSupreme Court of Missouri · 1894
3Cited by3 opinions
- Horton v. GentrySupreme Court of Missouri · 1948
- Lambert v. MurraySupreme Court of Colorado · 1911
- Holliday-Klotz Land & Lumber Co. v. Markham & DuckettMissouri Court of Appeals · 1901