Daudt v. Keen
Supreme Court of Missouri
Appeal from St. Charles Circuit Coivrt.—Hon. W. W. Edwards, Judge, (1) The statute under which this suit is brought must be equitably construed. Secs. 2092, 2093. The plaintiff mur.t come into court with clean hands and a fair case. (2) Plaintiff’s possession was not in good faith, but illegally obtained for the purpose of forcing the burden of proof of title on the defendant. The court committed error in refusing to give defendant’s instruction.
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Appeal from St. Charles Circuit Coivrt.—Hon. W. W. Edwards, Judge, (1) The statute under which this suit is brought must be equitably construed. Secs. 2092, 2093. The plaintiff mur.t come into court with clean hands and a fair case. (2) Plaintiff’s possession was not in good faith, but illegally obtained for the purpose of forcing the burden of proof of title on the defendant. The court committed error in refusing to give defendant’s instruction. Dyer v. Baumeister, 87 Mo. 134; Rutherford v. Uhlman, 42 Mo. 216; Campbell v. Allen, 61 Mo. 581; Babe v. Phelps, 65 Mo.‘27, 28; Von Phul v. Penn, 31…
1Opinion of the CourtMacearlane, J.
The proceeding is under the statute for quieting title. Plaintiff commenced the suit September 17, 1891, and charged in his petition that he was in possession, claiming an estate of freehold of a tract of land fronting six and fifty hundredths chains on the county road and extending, with the same width, south to the Missouri river, and that defendant made some adverse claim thereto.
Defendant, by answer, admitted plaintiff’s possession of the north part of said land, extending from the said county road on the north to a slough which crossed the same, the quantity being twenty-six and sixty…
2Cases cited6 opinions
- Clouston v. ShearerMassachusetts Supreme Judicial Court · 1868
- Mead v. SpaldingSupreme Court of Missouri · 1887
- Tompkins v. WymanMassachusetts Supreme Judicial Court · 1875
- Campbell v. AllenSupreme Court of Missouri · 1876
- Proprietors of India Wharf v. Central Wharf & Wet Dock Corp.Massachusetts Supreme Judicial Court · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Meriwether v. LoveSupreme Court of Missouri · 1902
- Northcutt v. EagerSupreme Court of Missouri · 1896
- Stone v. MerrellSupreme Court of Oklahoma · 1945
- Morris v. SchererMissouri Court of Appeals · 1898