Allen v. Mansfield
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The former suit (82 Mo. 688) is no bar to this one even if the same title and defense were involved. Kimmel v. Benna, 70 Mo. 52 ; Ekey v. Inge, 87 Mo. 493; Avery v. Fitzgerald, 94 Mo. 210. (2) Adverse possession (not actual )must be based upon both color and claim of title.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. (1) The former suit (82 Mo. 688) is no bar to this one even if the same title and defense were involved. Kimmel v. Benna, 70 Mo. 52 ; Ekey v. Inge, 87 Mo. 493; Avery v. Fitzgerald, 94 Mo. 210. (2) Adverse possession (not actual )must be based upon both color and claim of title. Bakewell v. McKee, 101 Mo. 342 ; Avery v. Adams, 69 Mo. 603; Norfleet v. Hutchins, 68 Mo. 597; Hamilton v. Boggess, 63 Mo. 244 ; Cooper v. Ord, 60 Mo. 431. (3) The- court erred in excluding the evidence of receipts for taxes paid by Allen G. Mansfield’s…
1Opinion of the CourtBlack, J.
This is an action of ejectment for a lot in the city of -St. Joseph. Plaintiff appealed from a *346judgment for defendant. Both parties claim under-Allen Q-. Mansfield who died testate in the year 1867. In 1874 his widow, heirs and devisees executed a partition deed conveying the lot in question to William Mansfield whose title the plaintiff acquired by a sheriff’s deed, dated June 13, 1877.
The defendant is a colored person, formerly the-slave of Allen Gr. Mansfield. Her defense is an alleged parol gift of the lot to her by her former master, and the statute of limitations. The proof offered in…
2Cases cited13 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Crispen v. HannavanSupreme Court of Missouri · 1872
- M'Call v. NeelySupreme Court of Pennsylvania · 1834
- Clark v. GilbertSupreme Court of Connecticut · 1872
- City of St. Louis v. GormanSupreme Court of Missouri · 1860
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Auldridge v. SpragginSupreme Court of Missouri · 1942
- Pritchard Petroleum Co. v. Farmers Co-Op. Oil & Supply Co.Montana Supreme Court · 1948
- Hoelmer v. HeiskellSupreme Court of Missouri · 1949
- Morrison v. LinnMontana Supreme Court · 1915
- Cullen v. JohnsonSupreme Court of Missouri · 1930
19 more not listed; retrieve them via the Exa API.