Hynds v. Hynds
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The law is well settled that to establish adverse possession in one cotenant against another, there must be such outward acts of exclusive ownership as to impart notice to the cotenant that an adverse possession is intended.
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Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The law is well settled that to establish adverse possession in one cotenant against another, there must be such outward acts of exclusive ownership as to impart notice to the cotenant that an adverse possession is intended. Misenheimer v. Amos, 221 Mo. 362; Benoist v. Rothschild, 145 Mo. 408; Warfield v. Lindell, 30 Mo. 282; Huston v. Huston, 139 Mo. 236. The evidence conclusively showed that Parmelia Hynds had been in adverse possession since 1858. The amended answer in effect pleads that she was a trustee for defendant and…
1Opinion of the CourtLamm, J.
Ejectment in the Adair Circuit Court. Prom certain evidence (in which a “partition suit” is referred to) we conclude plaintiffs had sued defendant at some prior time for the partition of certain lands in Adair- county, that therein defendant claimed adverse possession and that thereupon such proceedings were had in that suit that plaintiffs were either cast or that the cause was abated until plaintiffs brought ejectment and tried out title.
*26At any rate, in March, 1909, plaintiffs sued in ejectment to recover three tracts of land in Adair county, for convenience here designated as A, B, and C.…
2Cases cited10 opinions
- United States v. BreitlingSupreme Court of the United States · 1858
- Chambers v. ChambersSupreme Court of Missouri · 1910
- Patterson v. BoothSupreme Court of Missouri · 1890
- Huff v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1900
- People v. WilliamsCalifornia Supreme Court · 1867
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3Cited by10 opinions
- Cantrell v. City of CaruthersvilleSupreme Court of Missouri · 1949
- Auldridge v. SpragginSupreme Court of Missouri · 1942
- Pitts v. PittsSupreme Court of Missouri · 1965
- Kerber v. RoweSupreme Court of Missouri · 1941
- State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
5 more not listed; retrieve them via the Exa API.