Bledsoe v. Simms
Supreme Court of Missouri
Jljppeal from Carroll Circuit Court. I. Under the issues, as formed by the pleadings, defendant could not prove that the .possession or title was in bis wife, or outstanding in a third party. (Bruce vs. Sims, 34 Mo., 246; Dougherty vs. Matthews, 35 Mo., 520 ; Harris vs. Han. & St. Jo. E. B., 37 Mo., 307; Jones vs. Louderman, 39 Mo., 287.) II.
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Jljppeal from Carroll Circuit Court. I. Under the issues, as formed by the pleadings, defendant could not prove that the .possession or title was in bis wife, or outstanding in a third party. (Bruce vs. Sims, 34 Mo., 246; Dougherty vs. Matthews, 35 Mo., 520 ; Harris vs. Han. & St. Jo. E. B., 37 Mo., 307; Jones vs. Louderman, 39 Mo., 287.) II. Where husband and wife go into the possession of real estate, the title to whieh is in the wife, by ordinary deed, vesting the fee in her, (but not for her sole and exclusive use,) then by'operation of law, the possession is in the husband. And when sued…
1Opinion of the CourtAdams, Judge
This was an action of ejectment, for the northeast quarter of section 14, in township 53, north of range 21 west, being military bounty land, as described and protected by the statute of limitations. (Geni. Stat., Ch. 191, § 1; W. S., 915, §i-). The answer was a general denial of the plaintiff’s right to the possession, also an assertion on the part of the defendant of his right to the possession, and á plea of the statute of limitations of ten years, averring that neither the plaintiff, his ancestors, predecessors or grantors, or those under whom he claims, had been seized or possessed of…
2Cases cited2 opinions
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
- Crockett v. MorrisonSupreme Court of Missouri · 1847
3Cited by33 opinions
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Pacific Express Co. v. DunnTexas Supreme Court · 1891
- Dyer v. WittlerSupreme Court of Missouri · 1886
- Cooper v. OrdSupreme Court of Missouri · 1875
- Crispen v. HannovanSupreme Court of Missouri · 1885
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