Clemens v. Runckel
Supreme Court of Missouri
Appeal from St. Louis Land Court. I. The doctrine of limitation by time is based upon the idea that when one enters on land, claiming title to it, acquiescence by the real owner for the specified period will make the occupant’s assertion of right in himself good. It is deemed just in the law to give a claim so made and so sustained this respect.
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Appeal from St. Louis Land Court. I. The doctrine of limitation by time is based upon the idea that when one enters on land, claiming title to it, acquiescence by the real owner for the specified period will make the occupant’s assertion of right in himself good. It is deemed just in the law to give a claim so made and so sustained this respect. It is this claim and pretence of right in the occupant which, by the non-assention of the owner, might mature into a legal possession by the tenant. And if, when the occupant entered, he merely declared the title to be in the United States, it is…
1Opinion of the CourtBates, Judge
This was an action of ejectment. The plaintiff showed a clear paper title. The defendant relied upon length of pos*44session under the statute of limitations. The only question presented is upon the character of that possession — whether it was adverse to the plaintiff. There was judgment for the defendant.
This suit was brought February 25, 1859. In 1842, one Kemp took possession of the land, which before then was unoccupied, and built a house upon it, and fenced it and lived upon it until 1848, when he rented it for a year to one Bold, who occupied it as his tenant until the 12th of February,…
2Cases cited1 opinion
- Sweeney v. M'CullochSupreme Court of Pennsylvania · 1834
3Cited by9 opinions
- Mather v. WalshSupreme Court of Missouri · 1891
- Altschul v. O'NeillOregon Supreme Court · 1899
- Boe v. ArnoldOregon Supreme Court · 1909
- Blumer v. Iowa Railroad Land Co.Supreme Court of Iowa · 1905
- Fear v. BarwiseSupreme Court of Kansas · 1914
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