Dunlap v. Griffith
Supreme Court of Missouri
Appeal from Buchanan ■ Circuit Court. — Hon. H. M. Ramey, Judge. (1) Ordinarily where there is no consent the law presumes that “an entry and possession by a tenant in common is not adverse to the cotenant, but that the possession is in support‘of the common title.” Rodney v. McLaughlin, 97 Mo. 431; Long v. McDow, 87 Mo. 197; Hill v. Allen, 12 Mo.
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Appeal from Buchanan ■ Circuit Court. — Hon. H. M. Ramey, Judge. (1) Ordinarily where there is no consent the law presumes that “an entry and possession by a tenant in common is not adverse to the cotenant, but that the possession is in support‘of the common title.” Rodney v. McLaughlin, 97 Mo. 431; Long v. McDow, 87 Mo. 197; Hill v. Allen, 12 Mo. App. 580. (2) The exercise of the usual acts of ownership, such as a tenant in common has the right to exercise, as the payment of taxes, the taking of stone and timber from the land, the putting of new portions of it in cultivation, the collection…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment by the administrator of Henry M. Griffith, deceased, against Daniel Griffith for the recovery of the undivided one half of one hundred and forty-eight acres of land in Buchanan county. The action was brought in pursuance of an order of the probate court under section 129, Revised Statutes 1889. The defenses are, first, a gift of the land by Henry M. Griffith to his brother, the defendant, in his lifetime; second, adverse possession for the statutory period. While counsel for the parties draw conclusions radically different, the evidence is practically…
2Cases cited10 opinions
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Warfield v. LindellSupreme Court of Missouri · 1860
- Reardon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Banks v. KooglerSupreme Court of Missouri · 1956
- Krup v. CorleyMissouri Court of Appeals · 1902
- Allen v. MorrisSupreme Court of Missouri · 1912
- Nickey v. LeaderSupreme Court of Missouri · 1911
- A. Graf Distilling Co. v. WilsonMissouri Court of Appeals · 1913
9 more not listed; retrieve them via the Exa API.