Lapeyre v. Paul
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. Ordinarily, the possession of one tenant in common is not adverse to his co-tenant. It may, however, become so, and does become so the moment there is an assertion of exclusive ownership on the part of the person in possession — the moment that he gives notice, expressly or impliedly, to the person out of possession that the possession held by him is of an adversary nature.
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Appeal from St. Louis Circuit Court. Ordinarily, the possession of one tenant in common is not adverse to his co-tenant. It may, however, become so, and does become so the moment there is an assertion of exclusive ownership on the part of the person in possession — the moment that he gives notice, expressly or impliedly, to the person out of possession that the possession held by him is of an adversary nature. And if, from that moment, the statutory period of limitations elapses before the assertion of the title of the holder of any undivided interest, such title is barred — is not held for…
1Opinion of the Court
Wagner,. Judge,
delivered the opinion of the- court.
The plaintiff brought his action of ejectment against Gabriel R. Paul and his tenants to recover a lot on Main street in the city of St. Louis. Both parties claim under a common grantor. ■ The plaintiff claims to derive title by virtue of a sheriff’s deed issued upon a judgment against Edmund W. Paul. The property had been conveyed originally to Rene Paul, father of the defendant, to the use of himself for life, with remainder to his seven children in fee. One of these children was a minor at the time of his death, which occurred in 1847 or…
2Cases cited2 opinions
- Warfield v. LindellSupreme Court of Missouri · 1860
- Warfield v. LindellSupreme Court of Missouri · 1866
3Cited by13 opinions
- Unger v. MooneyCalifornia Supreme Court · 1883
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Bader v. DyerSupreme Court of Iowa · 1898
- Hanson v. GallagherSupreme Court of Iowa · 1912
- Hutson v. HutsonSupreme Court of Missouri · 1897
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