Hines v. Ament
Supreme Court of Missouri
Error to Fifth District Court. I. The evidence on the part of plaintiff and defendant shows that plaintiff had title to the fence and land upon which it stood— having had adverse, exclusive, and uninterrupted possession thereof for seventeen years, and all the time claiming the same. If this proposition is true, defendant was,a trespasser in taking the rails, and acquired no title.
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Error to Fifth District Court. I. The evidence on the part of plaintiff and defendant shows that plaintiff had title to the fence and land upon which it stood— having had adverse, exclusive, and uninterrupted possession thereof for seventeen years, and all the time claiming the same. If this proposition is true, defendant was,a trespasser in taking the rails, and acquired no title. (R. O. 1855, ch. 191, § 1; 22 N. Y. 170; 1 A. K. Marsh. 460; 6’B. Monr. 468; 5 Pick. 181; 3 Met. 91; 11 Moss, 293.) H. Replevin can be maintained for property severed and taken from the freehold. (13 111. 192 ; 15…
1Opinion of the CourtBliss, Judge
The plaintiff repleVied a lot of rails taken from his fence by the defendant, and, she not giving security, he retains the possession. The case was submitted to the judge in the Buchanan Circuit' Court without a jury. Various declarations of law were asked by plaintiff and refused, and the court found for the defendant, and assessed as her damage the value of the rails.
It appears that the farms of plaintiff and defendant joined; that defendant’s land next to plaintiff’s was vacant, while the plaintiff’s had been inclosed and occupied for about fifteen years. In 1851 the former owners of…
2Cited by20 opinions
- Shoemaker, Miller & Co. v. SimpsonSupreme Court of Kansas · 1876
- Brown v. BaldwinSupreme Court of Missouri · 1894
- Neiswanger v. SquierSupreme Court of Missouri · 1880
- State ex rel. Crow v. City of St. LouisSupreme Court of Missouri · 1902
- Priestley v. JohnsonSupreme Court of Missouri · 1878
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