Seiberling, Miller & Co. v. Tipton
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon D. P. Stratton, Judge. (1) Plaintiffs made a prima facie ease by showing that at the time .Jester executed the deed of trust to plaintiffs, he, Jester, was in possession of the premises claiming the fee.
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Appeal from Barton Circuit Court. — Hon D. P. Stratton, Judge. (1) Plaintiffs made a prima facie ease by showing that at the time .Jester executed the deed of trust to plaintiffs, he, Jester, was in possession of the premises claiming the fee. Dale v. Faivre, 43 Mo. 556; Davis v. Thompson, 56 Mo. 39; Norfleet v. Bussell, 64 Mo. 176; Jackson v. Porter, 1 Paine, 457; Bicard v. Williams, 7 Wheat. 59; Duncan v. Harder, 4 John. 202; Harding v. Cook, 5 M. & P. 181. (2) When no legal title to land is shown, the party showing the prior possession will be held,to have the better right. Schults v.…
1Opinion of the CourtBlack, P. J.
This is an action of ejectment for lots 1 and 2, block 1, in. the town of Dublin in Barton county. The defendants, Tipton and his tenant Cook, answer by way of, an equitable defense. The court found for defendants, and the plaintiffs appealed.
The facts are these: On the twelfth of October, 1881, Jewart sold and conveyed the property to Samuel Grlase; and the latter, at the same time, executed to Morían a deed of trust to secure two notes signed by Grlase and payable to Jewart, one for $100 and the other for $400, being the purchase price of the property, except $100 paid in cash by Grlase.…
2Cases cited6 opinions
- Chappell v. AllenSupreme Court of Missouri · 1866
- Joerdens v. SchrimpfSupreme Court of Missouri · 1883
- Martin v. NixonSupreme Court of Missouri · 1887
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- Vallé's Administratrix v. American Iron Mountain Co.Supreme Court of Missouri · 1858
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