Comstock v. Eastwood
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. Gf. D. Burgess, Judge. (1) The title to land, occupied and held adversely by a party or his tenant, under color of title and claim of right for the statutory period of limitations, vests absolutely in such claimant. Biddle ». Mellon, 13 Mo. 335; Fugate v. Pierce, 49 Mo. 441; Barry v. Otto, 56 Mo. 177; Fullcerson v. Mitchell, 82 Mo. 13. And such title may be relied on for the recovery of the land as well as invoked as a defense.
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Appeal from Chariton Circuit Court. — Hon. Gf. D. Burgess, Judge. (1) The title to land, occupied and held adversely by a party or his tenant, under color of title and claim of right for the statutory period of limitations, vests absolutely in such claimant. Biddle ». Mellon, 13 Mo. 335; Fugate v. Pierce, 49 Mo. 441; Barry v. Otto, 56 Mo. 177; Fullcerson v. Mitchell, 82 Mo. 13. And such title may be relied on for the recovery of the land as well as invoked as a defense. Gardner v. Terry, 99 Mo. 523, 526; Barry v. Otto, supra. (2) As shown by the record in this case the tract of land in…
1Opinion of the CourtMacfarlane, J.
This is ejectment for the recovery of the southeast quarter, section 4, township 54, range 19, Chariton county, commenced February 27, 1885, against defendants, Eastwood, Kennedy and Clair. Helen M. Rogers was afterwards made a party defendant on her own motion, claiming that the other defendants were tenants under a lease from Henry Rogers, deceased, and she was the sole heir-at-law of said deceased.
The petition was in the usual form, laying the ouster on March 1, 1884. The answer was a general denial. The land was what is known as military bounty land. The patent from the United States was…
2Cases cited7 opinions
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Thomas v. BabbSupreme Court of Missouri · 1870
- Gardner v. TerrySupreme Court of Missouri · 1889
- May v. LuckettSupreme Court of Missouri · 1871
- Warren v. Ritter & RitterSupreme Court of Missouri · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Coberly v. CoberlySupreme Court of Missouri · 1905
- Acton v. CulbertsonSupreme Court of Oklahoma · 1913
- Stevenson v. BlackSupreme Court of Missouri · 1902
- Gordon v. HutchinsSupreme Judicial Court of Maine · 1919
3 more not listed; retrieve them via the Exa API.