Drake v. Curtis
Supreme Court of Missouri
Appeal from Scotland Circuit Court.- — Hon. Ben. E. Turner, Judge. There is nothing in the plea of ten years possession. Plaintiff has shown that he has purchased Curtis’ interest, whatever that may have been, and this raises a prima facie right' to recover, unless defendants can show a better title than that of the common grantor. 64 Mo. 545. There is nothing inconsistent in plaintiff showing title through Curtis and also through the other source.
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Appeal from Scotland Circuit Court.- — Hon. Ben. E. Turner, Judge. There is nothing in the plea of ten years possession. Plaintiff has shown that he has purchased Curtis’ interest, whatever that may have been, and this raises a prima facie right' to recover, unless defendants can show a better title than that of the common grantor. 64 Mo. 545. There is nothing inconsistent in plaintiff showing title through Curtis and also through the other source. The petition sufficiently describes the land. Defendants admit they were in possession, and have no right to complain of the description. The…
1Opinion of the CourtHenry, C. J.
-This is an action of ejectment for the possession of a tract of land in Scotland county, which is a part of an eighty acre tract entered by one William Curry, who received a patent from the government" therefor. By his last will and testament, and the third clause-of the same, he manumitted..his slaves, Jack and Tena, and their children, eight in number, naming them. Heafterwards immigrated to the state of Iowa, Lse county, where he died, and his will was duly admitted to probate in the state of Iowa.
Plaintiff offered a certified copy of the proceedings-of the probate court of Lee county,…
2Cases cited3 opinions
- Lewis v. City of St. LouisSupreme Court of Missouri · 1879
- Bright v. WhiteSupreme Court of Missouri · 1844
- Bradstreet v. KinsellaSupreme Court of Missouri · 1882
3Cited by3 opinions
- Keith v. KeithSupreme Court of Missouri · 1888
- Stevens v. OliverSupreme Court of Missouri · 1906
- Fenderson v. Missouri Tie & Timber Co.Missouri Court of Appeals · 1904