Hunter v. Pinnell
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Hon. Henry G. Riley, Judge. (1) Defendant failed to show adverse possession for even ten years. R. S. 1899, see. 650; Wilson v. Purl, 133 Mo. 367; Ivy v. Yancy, 129 Mo. 501; Adkins v. Tomlinson, 121 Mo. 487. (2) The court erred in refusing to give plaintiff’s third instruction, asked.
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Appeal from New Madrid Circuit Court. — Hon. Henry G. Riley, Judge. (1) Defendant failed to show adverse possession for even ten years. R. S. 1899, see. 650; Wilson v. Purl, 133 Mo. 367; Ivy v. Yancy, 129 Mo. 501; Adkins v. Tomlinson, 121 Mo. 487. (2) The court erred in refusing to give plaintiff’s third instruction, asked. The land sued for was swamp and overflowed land of the county of New Madrid, and was as such a trust fund held for the benefit of the school fund of the State and county, and the Statute of Limitations did not and does not run against said land in favor of defendant or any…
1Opinion of the CourtBurgess, P. J.
— This is an action by plaintiff-appellant against the defendant, both of whom claim title to the tract of land described in the petition, to ascertain and determine the estate, title and interest of the parties, respectively, in such real estate. The *145suit is prosecuted under section 650, Bevised Statutes" 1899. Both parties claim title in fee to said real estate, the plaintiff by derivative title from the Government,' ánd the defendant by reason of the ten-year Statute of" Limitations, under color of title. The petition is in due form. The answer denies plaintiff’s title to the land,' pleads…
2Cases cited1 opinion
- Palmer v. JonesSupreme Court of Missouri · 1905
3Cited by5 opinions
- Feinstein v. McGuireSupreme Court of Missouri · 1957
- Allen v. WisemanSupreme Court of Missouri · 1949
- City of Gainesville v. GillilandMissouri Court of Appeals · 1986
- Flinn v. GillenSupreme Court of Missouri · 1928
- Himmelberger-Harrison Lumber Co. v. CraigSupreme Court of Missouri · 1913