Lyon v. LaMaster
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. Possession by plaintiff under color or claim of title was sufficient to enable him to maintain the action of ejectment. Daily n.
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Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. Possession by plaintiff under color or claim of title was sufficient to enable him to maintain the action of ejectment. Daily n. Fainre, 43 Mo. 556; Dams v. Thompson, 56 Mo. 39 ; Farrar v. Heinrich, 86 Mo. 521; Prior v. Scott, 87 Mo. 303. LaMaster, it was proven, was in possession by virtue of the sufferance and permission of Zimmerman ; he never did claim any title to the land in controversy, but, notwithstanding the fact that the respondent recognized the appellant’s title, the court, in the exercise of its prerogative,…
1Opinion of the CourtSherwood, P. J.
Ejectment for lots 6, 7 and 8, in block 50, in the St. Joseph extension addition to the ■city of St. Joseph..
The defendant was the tenant of Zimmerman, who transferred the lots by deed of quitclaim to plaintiff, and the defendant was duly notified of such transfer, and, it seems, acquiesced therein at the time of being informed thereof ; but, before suit brought, acted in a very different way. as will presently appear.
I. The case turned in the trial court on the suffi-' ciency of the notice to quit served on the defendant by the plaintiff, and, as that court deemed the notice insufficient,…
2Cases cited1 opinion
- Vineyard v. MatneySupreme Court of Missouri · 1878
3Cited by4 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- McNeill v. McNeillMissouri Court of Appeals · 1970
- Heller v. JentzschSupreme Court of Missouri · 1924
- Equity Building & Loan Ass'n v. MurphyMissouri Court of Appeals · 1898