Carney v. Carney
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) Pretermitted heirs can sue by ejectment. McCouriney v. Mather, 47 Mo. 533; Pounds v. Dale, 48 Mo. 270; McCracken ®. McCracken, 67 Mo. 590. (2) As the defendants were in possession under their father until his death, and as they claimed title under a verbal contract or a will to Isaac after his death, they had no possession which could be considered as adverse to plaintiffs until after the death of their father…
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Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) Pretermitted heirs can sue by ejectment. McCouriney v. Mather, 47 Mo. 533; Pounds v. Dale, 48 Mo. 270; McCracken ®. McCracken, 67 Mo. 590. (2) As the defendants were in possession under their father until his death, and as they claimed title under a verbal contract or a will to Isaac after his death, they had no possession which could be considered as adverse to plaintiffs until after the death of their father in 1879. McCracken 'o. McCracken, 67 Mo. 590. (3) The verbal agreement relied on by the defendants was clearly within the…
1Opinion of the CourtRat, J.
This is an action of ejectment withpetition in the ordinary form. The plaintiffs (with the exception of Cottey, who is a purchaser from one of the heirs) and defendants, are all children of one Alexander Carney,' deceased, who died in 1879. Plaintiffs claim five-eighths of the land in controversy as heirs of said Carney, whilst the defendants, Isaac and George S. Carney, who are in possession, claim the entire tract under the oral agreement, alleged in the answer to have been made with their said father in 1865 or 1866, by the terms of which they were to pay the interest and debt on the land,…
2Cases cited4 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Primm v. RaboteauSupreme Court of Missouri · 1874
- Sumner v. RogersSupreme Court of Missouri · 1886
- Russell v. GlasserSupreme Court of Missouri · 1887
3Cited by9 opinions
- State v. MartinSupreme Court of Missouri · 1894
- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
- Hume v. HopkinsSupreme Court of Missouri · 1897
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
- Stickle v. LinkSupreme Court of Missouri · 1974
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