Chouquette v. Barada
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action in the nature of an action of ejectment to recover possession of a parcel of ground in the city of Carondelet. The cause has heretofore been before the supreme court, whose decision is reported in 23 Mo. 331. The defendant Barada was in possession as tenant of Sullivan and Papin, who were permitted to become parties defendant.
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Appeal from St. Louis Land Court. This was an action in the nature of an action of ejectment to recover possession of a parcel of ground in the city of Carondelet. The cause has heretofore been before the supreme court, whose decision is reported in 23 Mo. 331. The defendant Barada was in possession as tenant of Sullivan and Papin, who were permitted to become parties defendant. The defendants by their answer denied the title of the plaintiffs and alleged an adverse possession in themselves, or those through whom they claim, for more than twenty years before commencement of this suit. At the…
1Opinion of the CourtScott, Judge
I do not see liow the plaintiffs can get along with their first instruction; If they relied on the documentary title, (which I understand to be the deed from Carondelet,) then they did not claim as heirs of Motier, and the case was nothing more than it was when formerly here as reported in 23 Mo. 331. I adhere to the opinion expressed in that case. If the heirs of Motier rely for title on the deed from Caron-delet and nothing more, (and the instruction is based on that deed alone,) then twenty years’ adverse possession in the defendants and those with whom they claim in privity will bar…
2Cases cited2 opinions
- State v. McO'BlenisSupreme Court of Missouri · 1855
- Chouquette v. BaradaSupreme Court of Missouri · 1856
3Cited by24 opinions
- Stooksbury v. SwanTexas Supreme Court · 1893
- Kennedy v. PhillipsSupreme Court of Missouri · 1928
- Hoffmann v. Hoffmann'sSupreme Court of Missouri · 1895
- Trustees of Canandarqua Academy v. McKechnieNew York Court of Appeals · 1882
- Burnett v. LyfordCalifornia Supreme Court · 1892
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