Collins v. Pease
Supreme Court of Missouri
Appeal from Douglas Circuit Court. — Hon. W. N. Evans, Judge. (1) It is entirely immaterial for what consideration or reason Collins assigned the land warrant with which the land was entered to his sons, since neither he nor his grantees can plead his fraud as against the heirs of his sons. (2) That statute of limitations may transfer and transmute title, but to have this effect the possession must be open, adverse and continuous.
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Appeal from Douglas Circuit Court. — Hon. W. N. Evans, Judge. (1) It is entirely immaterial for what consideration or reason Collins assigned the land warrant with which the land was entered to his sons, since neither he nor his grantees can plead his fraud as against the heirs of his sons. (2) That statute of limitations may transfer and transmute title, but to have this effect the possession must be open, adverse and continuous. The declaration of law is fatally defective in that it does not require that the possession of Collins should have been adverse to the rights of his children. It…
1Opinion of the CourtWilliams, J.
This case was rightly decided for defendants by the circuit court.
It is an ejectment. A patent issued in 1860 from the United States to George and Spencer Collins for the land in dispute. George died in 1860 or 1861, and Spencer in 1864. Defendants are in possession. Plaintiffs are heirs of the patentees. This made for them a prima facie case.
The defense relied on is the limitation of thirty years contained in section 6770 of the statutes of 1889.
The testimony tended to prove that Solomon Collins, father of George and Spencer, was in possession of the land in 1860, when it was entered. He…
2Cases cited2 opinions
- Fairbanks v. LongSupreme Court of Missouri · 1887
- Rollins v. McIntireSupreme Court of Missouri · 1885
3Cited by12 opinions
- Hall v. FrenchSupreme Court of Missouri · 1901
- Scannell v. American Soda Fountain Co.Supreme Court of Missouri · 1901
- DeHatre v. EdmondsSupreme Court of Missouri · 1906
- State ex rel. O'Malley v. MusickMissouri Court of Appeals · 1910
- Abeles v. PillmanSupreme Court of Missouri · 1914
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