Price v. Hallett
Supreme Court of Missouri
Appeal from Chariton Circuit Court. Hon. O. E. Smith, Special Judge. (1) The first instruction given for respondent is wrong -and misleading. In effect, it tells the jury that appellants have entirely failed to show any title to the land in controversy.
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Appeal from Chariton Circuit Court. Hon. O. E. Smith, Special Judge. (1) The first instruction given for respondent is wrong -and misleading. In effect, it tells the jury that appellants have entirely failed to show any title to the land in controversy. It is in direct conflict with the second instruction given for appellants, in which the jury are instructed that adverse possession, if found from the evidence for a period of ten years by Abrogast, vested in him an absolute title to the land. (2) There was no evidence whatever to warrant the second instruction given for respondent. The…
1Opinion of the CourtGtantt, P. J.
This record presents another case growing out of the erratic action of the Missouri Biver, The land in controversy is claimed to be a part of a large tract which originally was attached to Saline county on the south side of the river but by the action of the currents has been transferred to the north bank and attached to Chariton county.
The process of transfer plaintiffs claim was complete in 1886. The particular portion of said land forming the basis of this action is the north half of the north half of the southwest quarter of section number 25, township 53, range 20.
If plaintiffs are right…
2Cases cited7 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Bate v. . GrahamNew York Court of Appeals · 1854
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Darrier v. DarrierSupreme Court of Missouri · 1874
- Bray v. MarshallSupreme Court of Missouri · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Manning v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1904
- McDonnell v. De Soto Savings & Building Ass'nSupreme Court of Missouri · 1903
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Widdecombe v. ChilesSupreme Court of Missouri · 1903
15 more not listed; retrieve them via the Exa API.