Legal Opinion

Cunningham v. Snow

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 26 opinions

Appeal from Pemiscot Circuit Court. — Hon. J. D. Foster,. Judge. (1) The appellant had the better paper title. (2) The appellant had also a good title under the statute of limitations, for the testimony that Snow had been in actual, continued, open, notorious, hostile and adverse possession of the premises under a warranty deed from Hill for about twenty-three years before the institution of this suit, and possession of any part of the tract was possession of the whole.

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Appeal from Pemiscot Circuit Court. — Hon. J. D. Foster,. Judge. (1) The appellant had the better paper title. (2) The appellant had also a good title under the statute of limitations, for the testimony that Snow had been in actual, continued, open, notorious, hostile and adverse possession of the premises under a warranty deed from Hill for about twenty-three years before the institution of this suit, and possession of any part of the tract was possession of the whole. Bradley v. West, 60 Mo. 33; Key v. Jennings, 66 Mo. 356 ; Hamilton v. West, 63 Mo. 93 ; Crispen v. Hannaven, •50 Mo. 536 ;…

1Opinion of the Court

Philips, C.

This is an action of ejectment to recover ■eighty acres of what is known as swamp land, ceded to the State by the act of congress of date September 25th, 1850,

*589I. As both, parties claim title under the county, it is-conceded the title was in t;he county in 1857. It may be,, also, observed that from the manner of the trial of the-cause, it is manifest that both parties concede that the landl was swamp land in contemplation of the several acts, congressional and legislative, under which it was ceded. By-act of the legislature, approved February 27th, 1857, (Laws'. Mo. 1856-7, § 1, pp.…

2Cases cited19 opinions

  1. Smelting Co. v. KempSupreme Court of the United States · 1882
  2. Nelson v. BrodhackSupreme Court of Missouri · 1869
  3. Fugate v. PierceSupreme Court of Missouri · 1872
  4. Hamilton v. BoggessSupreme Court of Missouri · 1876
  5. Rogers v. BrownSupreme Court of Missouri · 1875

14 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
  2. Moore v. HoffmanSupreme Court of Missouri · 1931
  3. Priddy v. BoiceSupreme Court of Missouri · 1907
  4. Burdett v. MaySupreme Court of Missouri · 1889
  5. Miller v. BrenekeSupreme Court of Missouri · 1884

21 more not listed; retrieve them via the Exa API.

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