Legal Opinion

Bland v. Windsor

Supreme Court of Missouri

Decided March 14, 1905PublishedCited by 2 opinions

Appeal from Phelps Circuit Court . — Hon. L. B. Woodside, Judge. (1) The defendants’ demurrer to plaintiff’s evidence should have been sustained and plaintiff’s bill dismissed because the plaintiff did not show any substantial testimony of possession. On the contrary, the evidence showed that he was not in possession of the property to which he claimed title and from which he was seeking to remove an alleged cloud.

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Appeal from Phelps Circuit Court . — Hon. L. B. Woodside, Judge. (1) The defendants’ demurrer to plaintiff’s evidence should have been sustained and plaintiff’s bill dismissed because the plaintiff did not show any substantial testimony of possession. On the contrary, the evidence showed that he was not in possession of the property to which he claimed title and from which he was seeking to remove an alleged cloud. It is well settled in this State that one claiming the legal title, but out of possession, can not invoke equitable interposition to remove a cloud from such title. Davis v. Sloan,…

1Opinion of the Court

FOX, J.—

Respondent began this suit' on the twenty-second day of January, A. D. 1901, upon a petition in equity to quiet title and to divest the appellants of any title to certain lands in Phelps county, Missouri, to-wit, the southwest quarter of section 27, township 38, range 7, and averred that the title to said real estate *115passed out of the United States to one Lucretia S. Wortman, on the second day of May, 1859, by deed of patent from the United States to her, which deed of patent was duly recorded in the recorder’s office in Phelps county, Missouri, in deed record A, at page 314; that…

2Cases cited2 opinions

  1. Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
  2. Brawford v. WolfeSupreme Court of Missouri · 1890

3Cited by2 opinions

  1. Miller v. MedleySupreme Court of Missouri · 1911
  2. Cooper v. GunterSupreme Court of Missouri · 1908

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