Lambert v. Estes
Supreme Court of Missouri
Appeal from Cape Girardeau, Circuit Court. — Hon. J. D. Poster, Judge. (1) The testimony shows conclusively that, at the time plaintiff surrendered the possession of the premises to Bollinger, he, and those under whom he claimed, had held open, notorious, adverse and continuous possession for more than ten years next before such surrender; and had he required the claimant to have brought his suit in ejectment, and thus given his grantor an opportunity to have defended said…
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Appeal from Cape Girardeau, Circuit Court. — Hon. J. D. Poster, Judge. (1) The testimony shows conclusively that, at the time plaintiff surrendered the possession of the premises to Bollinger, he, and those under whom he claimed, had held open, notorious, adverse and continuous possession for more than ten years next before such surrender; and had he required the claimant to have brought his suit in ejectment, and thus given his grantor an opportunity to have defended said title, this defendant could have successfully resisted such suit on the plea of the statute of limitations. Upon a…
1Opinion of the CourtSherwood, J.
Action for breach of the covenants of warranty in a deed of land, the covenants being the ordinary statutory ones. The land is situate in the counties of Bollinger and Cape Girardeau, and is described in the deed thus: “Commencing at a rock for a corner, marked thus X, about ninety yards up Big Whitewater from the mill of Estes and Lambert, said rock, or beginning corner, stands on the west bank of Big Whitewater. Thence runs up a drain in a southwest course to a stone for a corner, marked thus X. Thence runs a northwest course, so as to include the house and garden where the said Felix G.…
2Cases cited4 opinions
- Hutchins v. RoundtreeSupreme Court of Missouri · 1883
- Morgan v. Hann. & St. Jo. R. R.Supreme Court of Missouri · 1876
- Hall v. BraySupreme Court of Missouri · 1873
- Ward v. AshbrookSupreme Court of Missouri · 1883
3Cited by11 opinions
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Hazelett v. WoodruffSupreme Court of Missouri · 1899
- Matheny v. StewartSupreme Court of Missouri · 1891
- Howard v. HurstMissouri Court of Appeals · 1911
- Madden v. Caldwell Land Co.Idaho Supreme Court · 1909
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