Crain v. Peterman
Supreme Court of Missouri
Appeal from Dent Circuit Court. — Ron. L. B. Wood-side, Judge. (1) Plaintiffs insist that the law presumes that every possession is rightful and consistent with and not in opposition or adverse to title and ownership. Hunnewell v. Burchett, 152 Mo. 611. Therefore, it devolves on defendant to show that the. possession of Shuck was not the possession of Aaron Gr.
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Appeal from Dent Circuit Court. — Ron. L. B. Wood-side, Judge. (1) Plaintiffs insist that the law presumes that every possession is rightful and consistent with and not in opposition or adverse to title and ownership. Hunnewell v. Burchett, 152 Mo. 611. Therefore, it devolves on defendant to show that the. possession of Shuck was not the possession of Aaron Gr. Crain. , (2) Again, it is the contention of defendant that the acts of ownership exercised by Shuck were not such acts as would prevent the running of the Statutes of Limitation; that the acts were not open, notorious and continuous…
1Opinion of the CourtValliant, J.
Plaintiffs sue in ejectment for the possession of 320 acres of land in Dent county.
Plaintiffs introduced in evidence the Government plat-book showing that the land in question was entered by Aaron G. Crain in 1857. They also introduced evidence tending to show that Crain died in 1879 and that the plaintiffs are his heirs at law. Also that from 1870 to 1875 a man named Shuck, who is now dead, lived near the land and used to cut grass on it and he was heard to say that-he had a lease from Crain under which he cut the grass.
The testimony on the part of the defendant tended to show as follows:
Aaro…
2Cases cited1 opinion
- Nye v. AlfterSupreme Court of Missouri · 1895
3Cited by8 opinions
- Rider v. JulianSupreme Court of Missouri · 1955
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- Himmelberger-Harrison Lumber Co. v. McCabeSupreme Court of Missouri · 1909
- Milne v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1911
- Brannock v. McHenrySupreme Court of Missouri · 1913
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