Tidwell v. Waldrup

E.M. Tidwell, on August 7, 1937, instituted an ejectment proceeding against Lucy Waldrup to recover possession of 5½ acres of land in Bollinger County, Missouri. Mrs. Waldrup answered alleging lawful possession and, alleging title by adverse possession (see Secs. 1002, 1004, R.S. 1939, Mo. Stat. Ann., pp. 1121, 1126, secs. 850, 852), set up a cross-action in equity to quiet and determine the title to said real estate. She appealed from a judgment for plaintiff.

Benjamin L. Hitt is the common source of title. He died in 1919, leaving a widow, two daughters and a son surviving. A portion of his…