Mather v. Walsh
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Turner A. Q-ill, Judge. Plaintiee .sues in ejectment for -part of lot 27, block 6, of “Peery Place,” in Kansas City, Missouri. His claim rests in part upon conveyances, and in part upon adverse possession under the limitation law. . The defendants’ title stands wholly upon adverse possession. The defendants are Mrs. Johanna Maloney, her husband, Mr. James J. Maloney, and certain tenants of the former.
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Appeal from Jackson Circuit Court. — Hon. Turner A. Q-ill, Judge. Plaintiee .sues in ejectment for -part of lot 27, block 6, of “Peery Place,” in Kansas City, Missouri. His claim rests in part upon conveyances, and in part upon adverse possession under the limitation law. . The defendants’ title stands wholly upon adverse possession. The defendants are Mrs. Johanna Maloney, her husband, Mr. James J. Maloney, and certain tenants of the former. The pleadings require no special notice. They were in usual form, raising the issues that were tried. The cause was heard with the aid of a jury and…
1Opinion of the CourtBarclay, J.
This is an action of ejectment for a parcel of land to which both parties claim, title under the statute of limitations. The result of the litigation in the trial court was in favor of defendants.
The points urged by plaintiff, as grounds for a reversal, will be taken up in their order.
Error is assigned upon the refusal to grant the plaintiff’s requests for instructions, numbered 15, 16, 17, 18, 19 and 20.
I. The last will be first considered because it is framed as a demurrer to the evidence, and, if correct, would dispose of the whole controversy.
The defense to the action was adverse…
2Cases cited5 opinions
- Funkhouser v. LaySupreme Court of Missouri · 1883
- Handlan v. McManusSupreme Court of Missouri · 1889
- Pease v. LawsonSupreme Court of Missouri · 1862
- Clemens v. RunckelSupreme Court of Missouri · 1863
- Mattison v. AusmussSupreme Court of Missouri · 1872
3Cited by23 opinions
- Smith v. JonesTexas Supreme Court · 1910
- Dalton v. JohnsonSupreme Court of Missouri · 1959
- Feinstein v. McGuireSupreme Court of Missouri · 1957
- Moore v. BrownfieldWashington Supreme Court · 1893
- Wilkerson v. EilersSupreme Court of Missouri · 1893
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