O'Brien v. Wagner
Supreme Court of Missouri
Appeal from ,St. Louis County Circuit Court. — Host. W. W. Edwards, Judge. (1) As Mrs. Fitzwilliam always retained possession of the lots, and there was no notice to Chamberlain that she held them as her own, there was no adverse , possession, and no title was acquired by limitation; the notice must be actual notice.
Read the full summary
Appeal from ,St. Louis County Circuit Court. — Host. W. W. Edwards, Judge. (1) As Mrs. Fitzwilliam always retained possession of the lots, and there was no notice to Chamberlain that she held them as her own, there was no adverse , possession, and no title was acquired by limitation; the notice must be actual notice. Jackson % Benton, 1 Wend. 341; Swart v. Service, 21 Wend. 36; Butler v. Phelps, 17 Wend. 642; Taylor on Landlord and Tenant, sec. 86, note 5. (2) There is no proof that defendant was in possession when suit was brought. (3) There was no forfeiture for breach of condition…
1Opinion of the CourtBlack, J.
The plaintiffs are the heirs of Eliza Fitzwilliam, and as such prosecute this action of ejectment. She conveyed the lot in question to Chamberlain by deed dated the first of June, 1864. The deed is expressed to be in consideration of eighty dollars, and the covenants therein recited. The deed, among other things, states, “said party of the second part hereby covenants with said party of the first part, under penalty of forfeiture of the estate hereby conveyed, that, previous to the first day of July, 1866, he shall erect on said lot of ground a substantial dwelling-house.” The evidence shows…
2Cases cited1 opinion
- Ellis v. KygerSupreme Court of Missouri · 1886
3Cited by11 opinions
- Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Catron v. Scarritt Collegiate InstituteSupreme Court of Missouri · 1915
- Seeck v. JakelOregon Supreme Court · 1914
- East Tennessee & W. N. C. R. v. GougeCourt of Appeals of Tennessee · 1947
- Pence v. Tidewater Townsite Corp.Supreme Court of Virginia · 1920
6 more not listed; retrieve them via the Exa API.