Thomas v. Babb
Supreme Court of Missouri
Error to Fifth District Court. Where a party claims beyond the true line, through mistake, lapse of time merely does not give the title.
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Error to Fifth District Court. Where a party claims beyond the true line, through mistake, lapse of time merely does not give the title. (St. Louis University v. McCune et al., 28 Mo. 485; 22 Mo. 266-8; Boyd et al. v. Doty et al., 8 Ind. 370 ; Brown v. Gay, 3 Green]. 126 ; Ross v. Gould, id. 204; Cleaveland v. Elagg, 4 Cusb. 76.) Instruction No. 9, taken in connection with those given for plaintiffs in error, with reference to the statute of limitations, presented the case properly to the jury on behalf of the plaintiffs in error. (McKeon v. Citizens5 Railw. Co’., 43 Mo. 405; 3 Washb. on Real…
1Opinion of the CourtBliss, Judge
The controversy in this case pertains to a disputed boundary, and plaintiffs bring ejectment to recover possession of a portion of the land of the wife, claimed to be fenced in by the defendant. The title of the plaintiffs to the forty acres, of which it is claimed the disputed parcel is a part, is admitted to be in Mrs. Thomas, and the title to the farm within which the disputed land is inclosed: is admitted to be in Mrs. Babb ; and it is also admitted that she' and her husband had been in possession of the same for more .than ten years before the commencement of the suit. The plaintiff…
2Cases cited2 opinions
- Fuhr v. DeanSupreme Court of Missouri · 1857
- Cutter v. WaddinghamSupreme Court of Missouri · 1855
3Cited by25 opinions
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- State v. HerrellSupreme Court of Missouri · 1888
- Sullivan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Goltermann v. SchiermeyerSupreme Court of Missouri · 1892
- Cole v. ParkerSupreme Court of Missouri · 1879
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