Atchison v. Pease
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — -Hon. Elijah Robinson, Judge. (1) In order to make the successive possessions of different persons operate as a bar there must have existed a privity between them. And the privity of estate required is such as arises from the relation of ancestor and heir, grantor and grantee, devisor and devisee. 3 Wait’s Acts. & Dei. 105. (2) Defendant’s instruction numbered two should not have been given. It assumes facts not in evidence.
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Appeal from Audrain Circuit Court. — -Hon. Elijah Robinson, Judge. (1) In order to make the successive possessions of different persons operate as a bar there must have existed a privity between them. And the privity of estate required is such as arises from the relation of ancestor and heir, grantor and grantee, devisor and devisee. 3 Wait’s Acts. & Dei. 105. (2) Defendant’s instruction numbered two should not have been given. It assumes facts not in evidence. Brown did not give up his land to induce the Levitts to buy of Kellog. Neither did the Levitts complete their purchase of Kellog. The…
1Opinion of the CourtBlack, J.
This is an action of ejectment to recover some eight acres of land off of the north side of a designated quarter of a quarter section. The plaintiff acquired this south forty-acre tract from W. Gr. Brown in 1882, who owned it as far back as 1870. A. D. Kellog owned the forty acres on the north in 1870 and 1871. In 1870 he sold. the land to Frank and Thomas Levitt and gave them a bond for a deed, which they assigned back to Kellog in 1874. In February, 1871, Kellog conveyed to B. F. Bergen, who, on the same day, made a deed of trust thereon to secure a debt therein described. B. F. Bergen…
2Cases cited1 opinion
- Jacobs v. MoseleySupreme Court of Missouri · 1886
3Cited by15 opinions
- Tillman v. HutchersonSupreme Court of Missouri · 1941
- Deidrich v. SimmonsSupreme Court of Arkansas · 1905
- Krider v. MilnerSupreme Court of Missouri · 1889
- Brummell v. HarrisSupreme Court of Missouri · 1899
- Crane v. LoySupreme Court of Missouri · 1968
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