Hunnewell v. Adams
Supreme Court of Missouri
Appeal from Oregon Circuit Court. — Son. W. N. Svans, Judge. (1) Possession to be adverse to the true owner must be under claim of title to the land itself. De Barnardi v. McElroy, 110 Mo. 650; Bradley v. West, 60 Mo. 3.3; K. C. Milling Oo. v. Riley, 133 Mo. 574; Allen y. Mansfield, 108 Mo. 343; Worcester y. Lord, 56 Mo. 265; Bedell v. Shaw, 59 N. Y. 46. (2) Possession to he adverse must be hostile to the title of the true owner in its origin and in its continuance.
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Appeal from Oregon Circuit Court. — Son. W. N. Svans, Judge. (1) Possession to be adverse to the true owner must be under claim of title to the land itself. De Barnardi v. McElroy, 110 Mo. 650; Bradley v. West, 60 Mo. 3.3; K. C. Milling Oo. v. Riley, 133 Mo. 574; Allen y. Mansfield, 108 Mo. 343; Worcester y. Lord, 56 Mo. 265; Bedell v. Shaw, 59 N. Y. 46. (2) Possession to he adverse must be hostile to the title of the true owner in its origin and in its continuance. Orawford v. Ahmes, 103 Mo. 88; Pharis v. Jones, 122 Mo. 125; Moore v. Harris, 91 Mo. 616; Nave y. Smith, 95 Mo. 596; Burke v.…
1Opinion of the CourtGantt, P. J.
This is an action in ejectment commenced in the Oregon County Circuit Court to recover possession of the northwest quarter.of the southeast quarter of section twenty-nine, township twenty-two, range two.
The petition is in the usual form.
The answer is as follows: “Defendant for answer to plaintiffs’ petition says that he admits that he is in possession of fifteen acres of the tract of land sued for, but denies that he is in possession of any other part or parcel of land and disclaims all rights or title therein; that the said fifteen acres so claimed by the defendant is inclosed, but he can…
2Cases cited3 opinions
- Wilkerson v. EilersSupreme Court of Missouri · 1893
- Hunnewell v. BurchettSupreme Court of Missouri · 1899
- Bowman v. LeeSupreme Court of Missouri · 1871
3Cited by8 opinions
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Tillman v. HutchersonSupreme Court of Missouri · 1941
- Feller v. LeeSupreme Court of Missouri · 1910
- Hynds v. HyndsSupreme Court of Missouri · 1918
- Missouri Lumber & Mining Co. v. JewellSupreme Court of Missouri · 1906
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