Leeper v. Baker
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, . J udge. 1. To constitute adverse possession, two facts must concur: 1st, There must be an entry, under color of right, claiming title hostile to the true owner and the world. 2nd, That entry must be followed by possession, and appropriation of the premises to use, publicly and notoriously, so that other claimants may take notice, and others may he cognizant of the fact.
Read the full summary
Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, . J udge. 1. To constitute adverse possession, two facts must concur: 1st, There must be an entry, under color of right, claiming title hostile to the true owner and the world. 2nd, That entry must be followed by possession, and appropriation of the premises to use, publicly and notoriously, so that other claimants may take notice, and others may he cognizant of the fact. Dixon v. Cook, 47 Miss. 220, 226-; Turner v. Hall, 60 Mo. 271. 2. Defendant’s possession-of the farm under a deed conveying the whole tract of 691 acres, gave him…
1Opinion of the CourtNapton, J.
This ejectment was brought in December, 1875. It was conceded that the plaintiff had the better title, and the only defense relied on was the statute of limitations. The forty acres in dispute belonged, in 1856, to Livingston county, as swamp land, and was agreed to be conveyed to one Craig upon his payment of eighty per cent, of the purchase money, twenty per cent, of it having been paid at the date of the agreement. This title of Craig was assigned to the plaintiff in 1860, and in 1866 the plaintiff received a deed from the county. In I860, but subsequent to Craig’s assignment to plaintiff,…
2Cases cited8 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Draper v. ShootSupreme Court of Missouri · 1857
- Key v. JenningsSupreme Court of Missouri · 1877
- McDonald v. SchneiderSupreme Court of Missouri · 1858
- Musick v. BarneySupreme Court of Missouri · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Goltermann v. SchiermeyerSupreme Court of Missouri · 1892
- Hickman v. LinkSupreme Court of Missouri · 1888
- Benne v. MillerSupreme Court of Missouri · 1899
- Doe ex dem. Hughes v. AndersonSupreme Court of Alabama · 1885
- Ozark Plateau Land Co. v. HaysSupreme Court of Missouri · 1891
10 more not listed; retrieve them via the Exa API.