Heckescher v. Cooper
Supreme Court of Missouri
Appeal from McDonald Circuit Court. — Ho». Henry C. Pepper, Judge. (1) Defendant’s possession of the land, with the recognition that it was land of the Government or of another, did not afford basis for adverse claim; nor conld the statute start to run without some unequivocal change of attitude, such as is 'not to be found in this case.
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Appeal from McDonald Circuit Court. — Ho». Henry C. Pepper, Judge. (1) Defendant’s possession of the land, with the recognition that it was land of the Government or of another, did not afford basis for adverse claim; nor conld the statute start to run without some unequivocal change of attitude, such as is 'not to be found in this case. Hunnewell v. Burchett, 152 Mo. 611; Stevenson v. Black, 168 Mo. 561; Comstock v. Eastwood, 108 Mo. 41. (2) There was no definitely marked out and ascertainable part of the premises to which defendant could have had any title under the Statute of Limitations.…
1Opinion of the Court
FOX, R J.
This cause is now pending in this court upon appeal from a judgment rendered in the McDonald Circuit Court in favor of the defendant. This was an action in ejectment for the recovery of section 25, in township 22, range 31 west. The petition is in the ordinary and usual form in cases of this character and there is no necessity for inserting it here. To this petition the defendant filed the following answer:
“Now, at this day comes Zach Cooper, the above-named defendant, and for answer to the petition of the plaintiff herein, denies each and every, all and singular the allegations in…
2Cases cited3 opinions
- Jackson ex dem. Bonnell v. SharpNew York Supreme Court · 1812
- Hunnewell v. BurchettSupreme Court of Missouri · 1899
- Missouri Lumber & Mining Co. v. JewellSupreme Court of Missouri · 1906
3Cited by7 opinions
- McCune v. GoodwillieSupreme Court of Missouri · 1907
- Howard v. WrightNevada Supreme Court · 1914
- Burnside v. DoolittleSupreme Court of Missouri · 1930
- Dulce Realty Co. v. Staed Realty Co.Supreme Court of Missouri · 1912
- Arcadia Timber Co. v. Evans.Supreme Court of Missouri · 1930
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