Swope v. Ward
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — No®. James Gibson, Judge. (1) Thomas Ward was at the first a mere squatter. His entry upon the vacant land was with the consent of the owners. Before he.or his heirs could claim adversely to the true owners there must have been some acts or declarations upon his part bringing notice home to the true owners of his determination to change his permissive holding into an adverse holding.
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Appeal from Jackson Circuit Court. — No®. James Gibson, Judge. (1) Thomas Ward was at the first a mere squatter. His entry upon the vacant land was with the consent of the owners. Before he.or his heirs could claim adversely to the true owners there must have been some acts or declarations upon his part bringing notice home to the true owners of his determination to change his permissive holding into an adverse holding. The evidence shows that Wárd was a squatter and his possession taken with the consent of the owner. He bought the first shanty on the premises, put up others, and never made…
1Opinion of the CourtMarshall, J.
This is an action in ejectment to recover that portion of lots ten, eleven, twelve and thirteen in block number eighty, which lie north of the Missouri Pacific railway, in East Kansas, an addition to Kansas City. The petition is in the usual form, and the ouster is laid as of January 2, 1895. The answer is a general denial. There was a verdict .and judgment for the defendants, and the plaintiffs appealed.
The plaintiffs showed a record title from the United States government, through mesne conveyances to them, and that the defendants are in possession, and then rested.
The defendants claim…
2Cases cited2 opinions
- Whitaker v. WhitakerSupreme Court of Missouri · 1903
- Whitaker v. WhitakerSupreme Court of Missouri · 1900
3Cited by17 opinions
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- Pipefitters Welfare Educational Fund v. Westchester Fire InsuranceCourt of Appeals for the Seventh Circuit · 1992
- Ortmeyer v. BruemmerMissouri Court of Appeals · 1984
- Tillman v. HutchersonSupreme Court of Missouri · 1941
- Hilgert v. WernerSupreme Court of Missouri · 1940
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