Legal Opinion

Minor v. Burton

Supreme Court of Missouri

Decided May 31, 1910PublishedCited by 16 opinions

Appeal from Randolph. Circuit Court.— Hon. Willard P. Cave, Special Judge. (1) Plaintiff having shown that he is the owner in fee of all the southwest quarter of northwest quarter of section 10, and in actual, undisputed possession of the same, except that portion thereof in controversy, the law invests him with the possession of the whole and he can only be dispossessed by actual ouster.

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Appeal from Randolph. Circuit Court.— Hon. Willard P. Cave, Special Judge. (1) Plaintiff having shown that he is the owner in fee of all the southwest quarter of northwest quarter of section 10, and in actual, undisputed possession of the same, except that portion thereof in controversy, the law invests him with the possession of the whole and he can only be dispossessed by actual ouster. Stevens v. Martin, 168 Mo. 407; Bradley v. West, 60 Mo. 53; D'outhitt v. Stenson, 63 Mo. 268; Turner v. Baker, 64 Mo. 218. (2) Plaintiff having shown that he is the sole owner in fee of. the legal title to…

1Opinion of the CourtGraves, J.

This action involves a small tract of land in Randolph county. The quantity involved is about two acres and in that portion of the south one-half of the northwest one-fourth of section ten, township fifty-three, range fifteen west, lying north of Sweet Spring Creek. The petition is in three counts. *562Count one is the ordinary pleading under section 650. Count two is an action for trespass, in which the damages are alleged to be one hundred dollars for cutting timber from said land, and fifty dollars for the cultivation of.a part thereof for the years 1905 and 1906, or a total of one hundred and…

2Cases cited6 opinions

  1. Lee v. ConranSupreme Court of Missouri · 1908
  2. Godman v. SimmonsSupreme Court of Missouri · 1892
  3. Gaines v. FenderSupreme Court of Missouri · 1884
  4. Brown v. PattersonSupreme Court of Missouri · 1909
  5. Gould v. SmithSupreme Court of Missouri · 1871

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Koehler v. RowlandSupreme Court of Missouri · 1918
  2. St. Louis Union Trust Co. v. HillSupreme Court of Missouri · 1920
  3. Meadowbrook Country Club v. DavisSupreme Court of Missouri · 1967
  4. Looney v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1926
  5. Falvey v. HicksSupreme Court of Missouri · 1926

11 more not listed; retrieve them via the Exa API.

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