McCabe v. Bruere
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ron. P. B. Filter aft, Judge. (1) The statute of limitations can be urged as a defense in an action of ejectment under a general denial. Stocker v. Green, 94 Mo. 280; Coleman v. Drane, 116 Mo. 391. (2) The admissions .in open court, by plaintiffs, are equivalent to saying that defendant and Yitrey, his grantor, had been in open, notorious and continuous possession of the strip in question, cultivating the same for 39 years.
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Appeal from St. Louis City Circuit Court. — Ron. P. B. Filter aft, Judge. (1) The statute of limitations can be urged as a defense in an action of ejectment under a general denial. Stocker v. Green, 94 Mo. 280; Coleman v. Drane, 116 Mo. 391. (2) The admissions .in open court, by plaintiffs, are equivalent to saying that defendant and Yitrey, his grantor, had been in open, notorious and continuous possession of the strip in question, cultivating the same for 39 years. Under the law and the uncontroverted facts the possession was likewise adverse for the same period of time. If the possession…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment to recover a strip of land in the city of St. Louis described in the petition, in which the judgment below was for the plaintiffs, and the defendant appeals. The parties are co-terminous proprietors, and the action grows out of a contention as to the boundary line between them. The true line gives the strip to the plaintiffs and their title is conceded, unless divested by the possession under which the defendant claims. There is no dispute about the facts. The case was tried before the court without a jury. The court, at the request of the defendant, declared…
2Cases cited2 opinions
- Thomas v. BabbSupreme Court of Missouri · 1870
- Hedges v. PollardSupreme Court of Missouri · 1899
3Cited by10 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State Ex Rel. Carpenter v. City of St. LouisSupreme Court of Missouri · 1928
- State ex rel. Kinsey v. MesserlySupreme Court of Missouri · 1906
- Schaumburg v. HeafeyMissouri Court of Appeals · 1983
- Patton v. SmithMissouri Court of Appeals · 1902
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