Harper v. Morse
Supreme Court of Missouri
Appeal from Montgomery Circuit Court.—Hon. E. M. Hughes, Judge. • (T) Plaintiff’s first instruction is misleading. Defendant might not have “intended to hold all the land first fenced,” yet limitation began as to the land he claimed adversely, that is, up to the surveyed line, before the fence was moved back to it. According to this instruction there could be no adverse holding without a fence, while in fact “a fence is not essential to constitute adverse possession.”
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Appeal from Montgomery Circuit Court.—Hon. E. M. Hughes, Judge. • (T) Plaintiff’s first instruction is misleading. Defendant might not have “intended to hold all the land first fenced,” yet limitation began as to the land he claimed adversely, that is, up to the surveyed line, before the fence was moved back to it. According to this instruction there could be no adverse holding without a fence, while in fact “a fence is not essential to constitute adverse possession.” Leeper v. Baker, 68 Mo. 400; Mississippi Co. v. Vowels, 101 Mo. 225. (2) Plaintiff’s third instruction refers the jury to the…
1Opinion of the CourtBarclay, J.
This is an action in ejectment,, begun August 20, 1888, for a certain tract of land in Montgomery county.
The petition makes the usual allegations of plaintiff’s ownership, etc., of a specified quarter section, and then charges that defendant entered upon, and “took possession of the strip of land on the western edge or side of said southwest quarter of said section 5; said strip so taken possession of by said defendants being a strip the entire length of said southwest quarter of said section 5, and of about the average width of two^ hundred feet, and being a part of said southwest quarter,”…
2Cited by14 opinions
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- Marks v. DavisMissouri Court of Appeals · 1897
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