Brown v. Hartford
Supreme Court of Missouri
Appeal from DeKalb Circuit Court. — How. A. D. Burnes, Judge. (1) We can form no opinion as to the theory upon, which plaintiffs’ instruction for a verdict was refused or defendants’ instructions authorizing the jury to find that they had acquired title by adverse possession were given.
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Appeal from DeKalb Circuit Court. — How. A. D. Burnes, Judge. (1) We can form no opinion as to the theory upon, which plaintiffs’ instruction for a verdict was refused or defendants’ instructions authorizing the jury to find that they had acquired title by adverse possession were given. The defense is an affirmative one, and unless there is evidence in the record tending to show that their possession has been continuous and uninterrupted during some one period of ten years, the verdict can not be sustained. Hucksham v. Hartwig, 81 • Mo. 648; Bowman v. Lee, 48 Mo. 335; Harrison v. Cachelin, 23…
1Opinion of the CourtMarshall, J.
Ejectment for the west half of the northeast quarter of section 33, township 58, range 30, in DeKalb county. The suit was instituted August 3, 1898, and the ouster laid as of March 1, 1895. *187Originally, Hartford was the sole defendant, but he disclaimed and pleaded that he went into possession as the tenant of John and Rnfns Carp, who claim to own the land, and thereupon they were brought in as co-defendants, and filed a general denial. By direction of the court the jury found for the plaintiffs for the north forty, and as the defendants did not except to or appeal from the ruling in this…
2Cases cited6 opinions
- Draper v. ShootSupreme Court of Missouri · 1857
- Musick v. BarneySupreme Court of Missouri · 1872
- Leeper v. BakerSupreme Court of Missouri · 1878
- Mississippi County v. VowelsSupreme Court of Missouri · 1890
- Turner v. HallSupreme Court of Missouri · 1875
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3Cited by9 opinions
- Allen v. WisemanSupreme Court of Missouri · 1949
- Witherspoon v. BrummettNew Mexico Supreme Court · 1946
- Gordon v. ParkSupreme Court of Missouri · 1907
- Woodside v. DurhamSupreme Court of Missouri · 1927
- Woolfolk v. AlbrechtNorth Dakota Supreme Court · 1911
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