Hickman v. Link
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon.. W. W. Edwards, Judge. (1) The owner of land is not required either to use it or to continually make assertion of his title. In the absence of an actual possession of some part of his land, his title carries with it the legal seizin and constructive possession.
Read the full summary
Appeal from St. Louis County Circuit Court. — Hon.. W. W. Edwards, Judge. (1) The owner of land is not required either to use it or to continually make assertion of his title. In the absence of an actual possession of some part of his land, his title carries with it the legal seizin and constructive possession. Douthitt v. Stinson, 63 Mo. 268; Turner v. Baker, 76 Mo. 343. (2) The seizin of land cannot be in abeyance or suspense. 1 'Washburn on Real Property [5 Ed.] top p. 67, sec. 96. (3) If a, seizin be admitted or proved in any one, the law presumes it to continue until negatived by…
1Opinion of the CourtBkace, J.
This is an action in ejectment in which the defendants had a verdict and judgment in the trial court, and the plaintiff appeals. The case has been here before, and is reported in 97 Mo. 482.
On the first trial the verdict and judgment was for the plaintiff, and the defendants appealed. This judgment was reversed, and the cause remanded for new trial. On the second trial some new evidence was introduced, cumulative in its character, and in no way changing the complexion of the issues between the parties. It is, therefore, unnecessery to re-state the case. The law of' the case was maturely…
2Cases cited1 opinion
- Hickman v. LinkSupreme Court of Missouri · 1888
3Cited by21 opinions
- Westfall v. WaitIndiana Supreme Court · 1905
- Manhattan Life Ins. v. WrightCourt of Appeals for the Eighth Circuit · 1903
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Linscomb v. Goodyear Tire & Rubber Co., IncCourt of Appeals for the Eighth Circuit · 1952
- Trinity Gravel Co. v. CrankeTexas Commission of Appeals · 1926
16 more not listed; retrieve them via the Exa API.