Legal Opinion

Hayti Development Co. v. Clayton

Supreme Court of Missouri

Decided March 2, 1920Published

.Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) Where a common source of title is established by agreement or proof, plaintiff need not go back of such common source in making Iris case. Harrison Machine Works v. Bowers, 200 Mo. 236',- Brown v. Brown, 45 Mo. 412; Fellows v. Wise, 49 Mo. 350; Butcher y. Rogers, 60 Mo. 138; Miller v. Hardin, 64 Mo. 545; Smith y.

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.Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) Where a common source of title is established by agreement or proof, plaintiff need not go back of such common source in making Iris case. Harrison Machine Works v. Bowers, 200 Mo. 236',- Brown v. Brown, 45 Mo. 412; Fellows v. Wise, 49 Mo. 350; Butcher y. Rogers, 60 Mo. 138; Miller v. Hardin, 64 Mo. 545; Smith y. Lindsey. 89 Mo. 76; Finch v. Ullman, 105 Mo. 263; Worley v. Hicks, 161 Mo. 384; Charles v. White, 214 Mo. 211; Grattan v. Holliday-Klotz L. & L. Co., 189 Mo. 322, (2) The defense of laches and estoppel is…

1Opinion of the CourtBlair, P. J.

The petition contains two counts; one under Section 2535, Revised Statutes 1909, to quiet title, and one in ejectment. The land involved is the northeast quarter of the southwest quarter of Section 33, Township 19, Range 12, in Pemiscot County. The answer admits that respondents claim to own the land; avers they are and have been in possession at all times mentioned in the petition; avers appellant has no title, but that respondents own the land in fee simple, and prays that the title be ascertained and determined. A second count sets up the ten-year Statute of Limitation, and a third count…

2Cases cited4 opinions

  1. Atchison, Topeka & Santa Fe Railway Co. v. HollowaySupreme Court of Kansas · 1905
  2. Harrigan v. MowryCalifornia Supreme Court · 1890
  3. Elwert v. ReidOregon Supreme Court · 1914
  4. Weed Sewing-Machine Co. v. BakerU.S. Circuit Court for the District of Eastern Missouri · 1880

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