Hendricks v. Musgrove
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — lion. E. B. McKee, Judge. (1) Defendants’ instruction in the nature of a demurrer to the evidence should have been given. Peck v. Lockridge, 97 Mo. 549; Campbell v. Gas Co., 84 Mo. 374. "When defendant Gilbert’s deed from plaintiff’s mother was put of record it was an assertion of record then and there that he owned the land from thence forward. Gilbert was not a tenant in common with plaintiff at any time.
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Appeal from Scotland Circuit Court. — lion. E. B. McKee, Judge. (1) Defendants’ instruction in the nature of a demurrer to the evidence should have been given. Peck v. Lockridge, 97 Mo. 549; Campbell v. Gas Co., 84 Mo. 374. "When defendant Gilbert’s deed from plaintiff’s mother was put of record it was an assertion of record then and there that he owned the land from thence forward. Gilbert was not a tenant in common with plaintiff at any time. He had purchased the interests of all his cotenants and was holding adversely for twenty years. Huston v. Huston, 139 Mo. 235'. It is not necessary to…
1Opinion of the CourtMarshall, J.
This is an action of ejectment for an undivided one-fifth of the north half of the northeast quarter of the southeast quarter and the west half of the northeast quarter, and the northeast quarter of the northeast quarter of section 36, township 65, range 11 west, in Scotland county. The petition is in the usual form, and the ouster is laid as of the first day of July, 1892. The answer admits the possession by the defendants; pleads estoppel and title by limitation. There was a verdict and judgment for the plaintiff, and defendants appealed.
The facts in this case are all undisputed, and are as…
2Cases cited5 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Bogy v. ShoabSupreme Court of Missouri · 1850
- Omaha & St. Louis Railway Co. v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1891
- Valle v. ClemensSupreme Court of Missouri · 1853
- Rector v. WaughSupreme Court of Missouri · 1852
3Cited by16 opinions
- Mathews v. O'DonnellSupreme Court of Missouri · 1921
- International Land Co. v. SmithSupreme Court of Oklahoma · 1924
- Hurie v. QuiggSupreme Court of Oklahoma · 1926
- Allen v. MorrisSupreme Court of Missouri · 1912
- Nickey v. LeaderSupreme Court of Missouri · 1911
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