DeGraw v. Taylor
Supreme Court of Missouri
Error to Macon Circuit Court. I. The tax deed, read in evidence by Taylor, as the basis of his adverse possession, only related from the time of its date, 6th August, 1853, and not from the time of the sale recited therein (Darrah v. Yeal, 19 Mo. 331). The suit being commenced 13th July, 1862, ten years did not elapse. II.
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Error to Macon Circuit Court. I. The tax deed, read in evidence by Taylor, as the basis of his adverse possession, only related from the time of its date, 6th August, 1853, and not from the time of the sale recited therein (Darrah v. Yeal, 19 Mo. 331). The suit being commenced 13th July, 1862, ten years did not elapse. II. Taylor did not connect the possession with the color of title until 1855, when the evidence shows he purchased the possessory title and joined it to his tax title, up to which time the tax title and possession were adverse to each other. Color of title and possession must…
1Opinion of the CourtHolmes, Judge
The plaintiff brought his action of ejectment against the defendant in the Circuit Court of Macon county, on the 13th day of July, 1862, to recover the possession of a quarter section of land lying in said county, and showed title in himself, originating with a patent from the United States, dated May 28,1819.
The defendant, showing no title, rested his'"defence upon the statute of limitations. The evidence tended to prove an open, visible, notorious and adverse possession on the part of the defendant, and those under whom he claimed, amounting to an actual occupation for more than ten years…
2Cases cited1 opinion
- Pease v. LawsonSupreme Court of Missouri · 1862
3Cited by11 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Newham v. KentonSupreme Court of Missouri · 1883
- Bradley v. WestSupreme Court of Missouri · 1875
- Schneider v. PattonSupreme Court of Missouri · 1903
- Wilkerson v. EilersSupreme Court of Missouri · 1893
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