Barnes v. Allison
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, J udge. (1) When two adjoining proprietors agree what shall be the division line and use and occupy up to such marked line for a sufficient length of time, sufficient to show the understanding and intention of the parties, it is binding on the parties and their subsequent grantees.
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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, J udge. (1) When two adjoining proprietors agree what shall be the division line and use and occupy up to such marked line for a sufficient length of time, sufficient to show the understanding and intention of the parties, it is binding on the parties and their subsequent grantees. Such use and occupancy shall be deemed and considered evidence that such line was agreed to be the division by and between the owners, and the burden is on the opposite party to prove the contrary. Blair v. Smith, 16 Mo. 273; Brummell v. Harris, 148 Mo. 430;…
1Opinion of the Court
GANTT, J.-
This is an action of ejectment for a strip of land situated in Audrain county, to-wit, nine acres off of the north end of the southwest quarter, and nine acres off of the south end of the northwest quarter of section 21, township 52, range 12, west. Ouster laid as of April 12, 1898.
The answer is a general denial.
The cause was tried to the court without the intervention of a jury, and a judgment for defendant.
No instructions were given for defendant.
Eor the plaintiff the court gave the following declaration of law:
“9. The court declares the law to be that if the Jackson survey, run…
2Cases cited8 opinions
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Turner v. BakerSupreme Court of Missouri · 1876
- Blair v. SmithSupreme Court of Missouri · 1852
- Schad v. SharpSupreme Court of Missouri · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tillman v. HutchersonSupreme Court of Missouri · 1941
- Mothershead v. MilfeldSupreme Court of Missouri · 1951
- Gillenwaters Building Company v. LipscombSupreme Court of Missouri · 1972
- Bercot v. VelkoffIndiana Court of Appeals · 1942
- Reynolds v. HoodSupreme Court of Missouri · 1908
4 more not listed; retrieve them via the Exa API.