Kelpe v. Kuppertz
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. James E. Withrow, Judge. (1) Prior possession by the plaintiff or his grantors under a claim of the fee raises a presumption of title sufficient to make a prima facie case in ejectment. The duty then' devolves upon the defendant to overcome plaintiff’s prima facie case by showing paramount title.
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Appeal from St. Louis City Circuit Court.— Hon. James E. Withrow, Judge. (1) Prior possession by the plaintiff or his grantors under a claim of the fee raises a presumption of title sufficient to make a prima facie case in ejectment. The duty then' devolves upon the defendant to overcome plaintiff’s prima facie case by showing paramount title. Dale v._ Faivre, 43 Mo. 556; Bledsoe v. Simms, 53 Mo. 305; Norfleet v. Russell, 64 Mo. 176; Hunt v. Railroad, 75 Mo. 255; White v. Keller, 114 Mo. 483; Kelly v. Kurz, 118 Mo. 417; Mulherin v. Simpson, 124 Mo. 619; Bains v. Bullock, 129 Mo. 121; Hall v.…
1Opinion of the Court
BROWN, C.
— Ejectment commenced in the St. Louis Circuit Court January 2,1907, to recover two and one-half feet of land off the south side of lot 7, in City Block 3034 in the city of St. Louis, Tha answer is a general denial with plea of adverse possession for more than ten years, to which the plaintiff replied.
The plaintiff, at the trial, offered in evidence a deed dated February 29, 1868, from Hermann Bleek,trustee in a deed of trust in the nature of a mortgage executed by one Schoenherr and wife, and dated January 17, 1867. The trustee’s deed purported to convey to one Peter Weiss certain…
2Cases cited13 opinions
- Grandy v. CaseySupreme Court of Missouri · 1887
- Chouteau v. RowseSupreme Court of Missouri · 1886
- Wetmore v. CrouchSupreme Court of Missouri · 1905
- Bains v. BullockSupreme Court of Missouri · 1895
- Smith v. LindseySupreme Court of Missouri · 1886
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3Cited by3 opinions
- Hecker v. BleishSupreme Court of Missouri · 1928
- Gibbany v. WalkerSupreme Court of Missouri · 1938
- Love v. LoveSupreme Court of Missouri · 1913