Hill v. Tissier
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lubke, J. “Good faith” and “ notice ” can not co-exist. —Lee v. Bowman, 55 Mo. 400. The “notice” contemplated by the statute is not written notice, or direct and positive information, but anything calculated to put a man of ordinary prudence on the alert.
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Appeal from the St. Louis Circuit Court, Lubke, J. “Good faith” and “ notice ” can not co-exist. —Lee v. Bowman, 55 Mo. 400. The “notice” contemplated by the statute is not written notice, or direct and positive information, but anything calculated to put a man of ordinary prudence on the alert. And if that clue is furnished, he is chargeable with knowledge of all those facts to which that clue, if properly followed, would have led. — Lee v. Bowman, 55 Mo. 400 ; 2 Sudgen on Vendors, 762, note and cases; 1 Story Eq., sects. 395, 397, 399, 400. The record of a deed is notice. —Story Eq., sect.…
1Opinion of the CourtBaicewell, J.
The statute provides (Rev. Stats., sects., 2259 et seq.), that “ if a judgment of dispossession shall be given in an action for the recovery of possession of premises, or in any real action, in favor of a person having a better title thereto, against a person in the possession, held by himself or by his tenant, of any lands, tenements, or hereditaments, such person may recover in a court of competent jurisdiction, compensation for all improvements made by him in good faith,-on such lands, tenements, or hereditaments, prior to his having had notice of such adverse title. The plaintiff, in his…
2Cases cited4 opinions
- Lee v. BowmanSupreme Court of Missouri · 1874
- Whitney v. RichardsonSupreme Court of Vermont · 1858
- Dothage v. StuartSupreme Court of Missouri · 1864
- Masterson v. West End Narrow-Gauge RailroadMissouri Court of Appeals · 1878
3Cited by5 opinions
- Snadon v. GayerMissouri Court of Appeals · 1978
- Hatcher v. HallMissouri Court of Appeals · 1956
- Richmond v. AshcraftMissouri Court of Appeals · 1909
- Leedom v. J. M. Ward Furniture, Stove & Carpet Co.Missouri Court of Appeals · 1889
- Pierce v. RollinsMissouri Court of Appeals · 1895