Fairbanks v. Long
Supreme Court of Missouri
Error to Chariton Circuit Court.—Hon. G. D. Burgess, Judge. (1) The testimony established plaintiffs’ title, and that the suit was commenced in time to avoid the bar of the two years statute of limitations, except as to one of the plaintiffs.
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Error to Chariton Circuit Court.—Hon. G. D. Burgess, Judge. (1) The testimony established plaintiffs’ title, and that the suit was commenced in time to avoid the bar of the two years statute of limitations, except as to one of the plaintiffs. (2) The declarations of law given by the •court show that on the question of title, the finding was for plaintiffs, but their recovery was barred by the nonpayment of taxes, and by defendants’ adverse possession under the provisions of the act of the legislature of February 27,1874, now Revised Statutes, section 3225. The act named is not applicable…
1Opinion of the CourtBrace, J.
This is an action of ejectment to recover the southwest quarter of section 22, township 56, range 21, in the county of Chariton, The petition, in the usual form, was filed January 31, 1882; the answer of defendants, David and Elizabeth Ballew, was a general denial. Defendant, Long, filed a separate answer, and, in addition to a general denial, alleged that the land sued for was “military bounty land,” and set up the two years statute of limitations, and for a further de-fence alleged “that he and those under whom he claims have been in the actual possession of the premises in question for…
2Cases cited8 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Noble v. BlountSupreme Court of Missouri · 1883
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Bettes v. MagoonSupreme Court of Missouri · 1885
- Smith v. CulliganSupreme Court of Missouri · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Chase v. DriverCourt of Appeals for the Eighth Circuit · 1899
- Whitmore v. Supreme Lodge Knights & Ladies of HonorSupreme Court of Missouri · 1889
- Brasie v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1902
- National Loan & Investment Co. v. Rockland Co.Court of Appeals for the Eighth Circuit · 1899
- Simpson v. WellsSupreme Court of Missouri · 1922
21 more not listed; retrieve them via the Exa API.