Hinters v. Hinters
Supreme Court of Missouri
Appeal from Jackson Circuit Cowrt.—Hon. R. H. Field, Judge. (1) The action was not barred as against any of the plaintiffs at the time the suit was brought. Gray v. Tates, 67 Mo. 601; Jackson v. Johnston, 5 Cowen, 74; Wilson v. Betts, 4 Denio, 208. (2) Julius Hinters made no claim of adverse possession either by act, word or deed; the co-tenants were as much in possession as he was.
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Appeal from Jackson Circuit Cowrt.—Hon. R. H. Field, Judge. (1) The action was not barred as against any of the plaintiffs at the time the suit was brought. Gray v. Tates, 67 Mo. 601; Jackson v. Johnston, 5 Cowen, 74; Wilson v. Betts, 4 Denio, 208. (2) Julius Hinters made no claim of adverse possession either by act, word or deed; the co-tenants were as much in possession as he was. Greer v. Trifp, 56 Cal. 209; Parker v. Locks, 3 Met. 91. (3) The purchase by a co-tenant, whether made to defraud his co-tenants or for the purpose of asserting adverse possession, inures to the benefit of all,…
1Opinion of the CourtBlack, P. J.
This is a suit in equity by several co-tenants against another co-tenant for title.
Peter Hinters died in 1877, the owner of a lot in the city of Independence, on which he had a small house and in which he had for many years carried on the barber business and also ■ the business of an insurance-agent. The lot was incumbered by a deed of tsust to secure a debt of $400 then past due. He also owned another parcel of property called the home place in which he resided. He left surviving him seven children, all of whom were minors except Julius Hinters who was then about the age of twenty-one years.…
2Cases cited3 opinions
- Williams v. EdwardsSupreme Court of Missouri · 1887
- Allen v. DegroodtSupreme Court of Missouri · 1891
- Gray v. YatesSupreme Court of Missouri · 1878
3Cited by15 opinions
- Cockrill v. HutchinsonSupreme Court of Missouri · 1896
- Rutter v. CarothersSupreme Court of Missouri · 1909
- Reed v. PainterSupreme Court of Missouri · 1898
- Howard v. ScottSupreme Court of Missouri · 1910
- Manning v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1904
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