Prewitt v. Burnett
Supreme Court of Missouri
Appeal from Fourth District Court. I. Agreements in regard to boundary lines, like all other agreements, are of no binding force upon the parties if founded upon mutual mistake in material facts. (Knowlton v. Smith, 36 Mo. 507, 513-14; Menken v. Blumenthal, 27 Mo. 198, .,203-4.) II. Color of title, with possession of a part of a tract, extends such possession no further than that embraced in the deed showing color of title. It can not include any part of adjoining tracts.
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Appeal from Fourth District Court. I. Agreements in regard to boundary lines, like all other agreements, are of no binding force upon the parties if founded upon mutual mistake in material facts. (Knowlton v. Smith, 36 Mo. 507, 513-14; Menken v. Blumenthal, 27 Mo. 198, .,203-4.) II. Color of title, with possession of a part of a tract, extends such possession no further than that embraced in the deed showing color of title. It can not include any part of adjoining tracts. (Cottle v. Sydnor, 10 Mo. 765 et seq.) When a person is in possession of part of a tract of land, with color of title to…
1Opinion of the CourtBliss, Judge
The plaintiffs and defendant were adjoining proprietors, and the litigation grew out of an attempt on the part of defendant to re-adjust the boundary line. In 1854 the line, was run by the county surveyor, and defendant’s grantor, supposing it to have been correctly located, placed his fence upon it, and plaintiff cultivated up to it. In 1869 the defendant procured a re-survey, which placed the dividing line further south, so as to inelpde a' strip hitherto in possession of the plaintiffs ; and having moved his fence so as to take in the disputed strip, the plaintiff brought his action of…
2Cited by6 opinions
- Bradley v. WestSupreme Court of Missouri · 1875
- Powell v. DavisSupreme Court of Missouri · 1873
- Robinson v. RamseyMissouri Court of Appeals · 1915
- Kellam v. Mayor of NewarkSupreme Court of New Jersey · 1910
- Duffy v. Clark Oil & Refining Corp.Missouri Court of Appeals · 1978
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