Swayze v. Bride
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Turner A. Gill, Judge. (1) In order to maintain an action to quiet title under the statute the plaintiff must be in the actual possession of the real estate at the time of commencing his action. A constructive possession, or such a possession as the law imputes to, ownership, is not sufficient. Campbell n.
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Appeal from the Jackson Circuit Court. — Hon. Turner A. Gill, Judge. (1) In order to maintain an action to quiet title under the statute the plaintiff must be in the actual possession of the real estate at the time of commencing his action. A constructive possession, or such a possession as the law imputes to, ownership, is not sufficient. Campbell n. Allen, 61 Mo. 581 ; Byne v. Hinds, 16 Minn. 521; Kincaid v. Logue, 7 Mo. 167 ; Packwood v. Thorp, 8 Mo. 637; Bowman v. Lee, 48 Mo. 335; Dalby v. Snuffer, 57 Mo. 294; Musick ». Barney, 49 Mo. 458, 463-4; Jackson v. Woodruff, 1 Cowan 276; 13 Am.…
1Opinion of the CourtSmith, P. J.
This a proceeding to quiet title under section 2562, of the Revised Statutes.
This case was tried before the court, a jury having been dispensed with.
The court found that the plaintiffs were in the possession of the land described in their petition, claiming an estate of freehold therein and that the defendant claimed to have some interest therein adverse to the rights of the plaintiffs.
As to the questions of possession, the facts were passed upon by the court and they are therefore incontrovertable here. This court has only the power to review the law declared by the circuit court and as that…
2Cases cited9 opinions
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Musick v. BarneySupreme Court of Missouri · 1872
- State ex rel. Richardson v. JamesSupreme Court of Missouri · 1884
- Von Phul v. PennSupreme Court of Missouri · 1861
- Dyer v. BaumeisterSupreme Court of Missouri · 1885
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3Cited by20 opinions
- Jordan v. DavisSupreme Court of Missouri · 1903
- Smith v. ZimmermanMissouri Court of Appeals · 1892
- Nelson v. Kansas City, Fort Scott & Southern Railway Co.Missouri Court of Appeals · 1896
- Rice, Stix & Co. v. McClure & HarperMissouri Court of Appeals · 1898
- O'Howell v. KirkMissouri Court of Appeals · 1890
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