Mississippi County v. Vowels
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. J. JD. Foster, Judge. (1) It is admitted that this land was, prior to defendant’s possession, school lands held b.y plaintiff for the use and benefit of the public schools. (2) The defendant claims the land by limitation. The statutes-of limitation do not run against lands held for school purposes. R. S., sec. 3227. (3) To successfully plead limitation, defendant must show actual and adverse possession for more than ten years.
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Appeal from Mississippi Circuit Court. — Hon. J. JD. Foster, Judge. (1) It is admitted that this land was, prior to defendant’s possession, school lands held b.y plaintiff for the use and benefit of the public schools. (2) The defendant claims the land by limitation. The statutes-of limitation do not run against lands held for school purposes. R. S., sec. 3227. (3) To successfully plead limitation, defendant must show actual and adverse possession for more than ten years. It does not appear that he held adverse to this plaintiff. Defendant says her husband, she thinks, paid part on the land,…
1Opinion of the CourtBrace, J.
This is an action in ejectment'instituted in December, 1883, to recover the west half of the northwest quarter of section 16, township 26, range 17; in Mississippi county. The facts are undisputed.' The tract was a part of the school lands of said county. The defendant is the widow of Henry Yowels who died in 1867. In the early part of the year 1864, Henry Yowels moved upon this tract, which was timber land and in a state of nature, built a house, cleared and inclosed all of it, that was susceptible of cultivation, about sixty acres, and with his family continued from that date to reside upon…
2Cases cited9 opinions
- County of St. Charles v. PowellSupreme Court of Missouri · 1856
- School Directors of St. Charles v. GoergesSupreme Court of Missouri · 1872
- Callaway County v. NolleySupreme Court of Missouri · 1861
- Leeper v. BakerSupreme Court of Missouri · 1878
- Abernathy v. DennisSupreme Court of Missouri · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. Major v. Arkansas Lumber Co.Supreme Court of Missouri · 1914
- Goltermann v. SchiermeyerSupreme Court of Missouri · 1892
- Allen v. MorrisSupreme Court of Missouri · 1912
- Cashion v. MeredithSupreme Court of Missouri · 1933
- Dunlap v. GriffithSupreme Court of Missouri · 1898
10 more not listed; retrieve them via the Exa API.