Budd v. Collins
Supreme Court of Missouri
Error to Jackson Circuit Court. — Hon. Sam’l L. Sawyer, Judge. 1. The possession of the defendant was not adverse to the plaintiff’s grantor. He held subordinate to the State, under the act of January 23rd, 1829, and cannot claim the statutory bar. 2 Terr. Laws of Mo., 194; 1 Washb.
Read the full summary
Error to Jackson Circuit Court. — Hon. Sam’l L. Sawyer, Judge. 1. The possession of the defendant was not adverse to the plaintiff’s grantor. He held subordinate to the State, under the act of January 23rd, 1829, and cannot claim the statutory bar. 2 Terr. Laws of Mo., 194; 1 Washb. Real Prop., (3 Ed.) 482; Tyler on Eject., 880; Johnson v. Prewitt, 32 Mo. 553; Pease v. Lawson, 33 Mo. 35 ; Pentz v. Keuster, 41 Mo. 447; Jackson v. Stiles, 1 Cow. 575 ; Jackson v. Scissam, 3 Johns. 498; Luce v. Garley, 24 Wend. 451. The character of one’s possession must be determined by the entry. Quinn v.…
1Opinion of the CourtHenry, J.
This was an action of ejectment in the circuit court of Jackson county to recover forty acres of land lying in said county, and was submitted for trial to the court, without a jury, on the following agreed facts: The land is seminary land, which was donated to the State of Missouri by the United States. On the 2nd day of February, 1870, plaintiff purchased it from the State, and received from -the State a patent therefor; defendant is in possession of the land. Michael Collins, father of defendant, in the year 1834, took actual possession of said land, took wood from it and fenced a few acres…
2Cases cited4 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Pentz v. KuesterSupreme Court of Missouri · 1867
- Quinn v. QuinnWisconsin Supreme Court · 1870
- Luce v. CarleyNew York Supreme Court · 1840
3Cited by13 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Anson v. TietzeSupreme Court of Missouri · 1945
- Meier v. MeierSupreme Court of Missouri · 1891
- House v. MontgomeryMissouri Court of Appeals · 1885
- Gordon v. EansSupreme Court of Missouri · 1888
8 more not listed; retrieve them via the Exa API.