Legal Opinion

Ferguson v. Bartholomew

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 9 opinions

Error to Chariton Circuit Court — Hon. G-. D. Burgess, Judge. 1. Tbe entries of Eerguson and his tenants, although made under the paramount title, stand on the same ground as though made by naked trespassers.

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Error to Chariton Circuit Court — Hon. G-. D. Burgess, Judge. 1. Tbe entries of Eerguson and his tenants, although made under the paramount title, stand on the same ground as though made by naked trespassers. Spalding v. May-hall, 27 Mo. 377; Hams v. Turner, 46 Mo. 438; Robinson v. Walker, 50 Mo. 19; Eilworth v. Fee, 52 Mo. 130. ■ 2. The right of entry, upon lands held adversely, either as an extra judicial remedy to regain the possession, or as a means of arresting the statute of limitations, never obtained a foothold in this State. The early history of the Louisiana Territory, and the…

1Opinion of the CourtHough, J.

This was an action of ejectment, instituted on the 1st day of May, 1872, for military bounty lands lying in the county of Chariton, Mo., in which the plaintiff had judgment. The plaintiff and the defendant claim through a common source of title. The plaintiff claims title under a deed from the common grantor, dated March 11th, 1822, executed in the State of Tennessee, and recorded in Chariton county on the 2nd day of April, 1842» This deed when recorded, was neither proven nor acknowledged. Plaintiff’ connected himself with this conveyance by a regular chain of title papers, all of which were…

2Cases cited4 opinions

  1. City of Pella v. ScholteSupreme Court of Iowa · 1868
  2. Malcom v. RogersNew York Supreme Court · 1823
  3. Tully v. CanfieldSupreme Court of Missouri · 1875
  4. Robinson v. WalkerSupreme Court of Missouri · 1872

3Cited by9 opinions

  1. McNichol v. United States Mercantile Reporting AgencySupreme Court of Missouri · 1881
  2. Gould v. CarrSupreme Court of Florida · 1894
  3. Nelson v. JohnsonCourt of Appeals of Kentucky · 1920
  4. Barrett v. StradlWisconsin Supreme Court · 1889
  5. Bradley v. WestSupreme Court of Missouri · 1878

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