Huckshorn v. Hartwig
Supreme Court of Missouri
Appeal from Carroll Circuit Court.—Hon. J. M. Davis, Judge. It appears from the evidence that respondent took possession of the land by mistake. lie does not say that ho claimed to that line, but that he claimed that to bo the true one.
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Appeal from Carroll Circuit Court.—Hon. J. M. Davis, Judge. It appears from the evidence that respondent took possession of the land by mistake. lie does not say that ho claimed to that line, but that he claimed that to bo the true one. “ If any one by mistake inclose the land of another and claim it as his own, his actual possession will work a disseizin, but if ignorant of the boundary line he makes a mistake in laying his fence, making no claim, however, to the land to the fence, but only to the true line as it may be subsequently ascertained, his possession is not adverse. Wallbrun i\…
1Opinion of the CourtNorton, J.
This action of ejectment commenced in the circuit court of Carroll county, on the 19th day of November, 1879, to recover the possession of twelve acres of land off of the east side of the southeast quarter of the northwest quarter and the noi’theast quarter of the south*650west quarter of section 29, township 52, of range 22. The petition is in the usual form and the answer a general denial.
The case was tried by the court without the intervention of a jury, and judgment rendered for the defendant from which plaintiff has appealed. It appears from the record that the plaintiff and defendant were…
2Cited by6 opinions
- Hand v. SwannCourt of Appeals of Texas · 1892
- McDonald v. FoxNevada Supreme Court · 1889
- Corrigan & Waters v. BradyMissouri Court of Appeals · 1890
- Hendrickson v. GrableSupreme Court of Missouri · 1900
- Wilson v. LercheSupreme Court of Missouri · 1886
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