Crawford v. Ahrnes
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) All evidence as to the alleged contract was incompetent. (2) Ten years’ consecutive adverse possession under claim of title gives the title to the occupant as effectually as any written conveyance. Allen v. Mansfield, 82 Mo. 688. (8) The defendant’s first instruction was improperly refused.
Read the full summary
Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) All evidence as to the alleged contract was incompetent. (2) Ten years’ consecutive adverse possession under claim of title gives the title to the occupant as effectually as any written conveyance. Allen v. Mansfield, 82 Mo. 688. (8) The defendant’s first instruction was improperly refused. The land to the defendant’s present fence was adversely held from 1865. The fact that Haskell moved the fence north in 1877, which was returned to its original position in 1880, did not affect the strip in controversy, for that strip was…
1Opinion of the CourtThomas, J.
Plaintiff’s petition in this case contains two counts, one for the specific performance of a *91contract and the other an ordinary count in ejectment. At the trial the court dismissed the count for specific performance, and rendered judgment for the possession of the land as described.
Plaintiff and defendant owned adjacent tracts of land. Plaintiff’s deed called for “eighty acres, north end, west one-half, section 30, containing eighty acres, more or less.” Defendant’s deed called for one hundred and five acres, south end, west one-lialf, section 30. The west one-half, section 30, contained one…
Also in this document: Concurrence.
2Cases cited3 opinions
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Schad v. SharpSupreme Court of Missouri · 1888
- Thomas v. BabbSupreme Court of Missouri · 1870
3Cited by6 opinions
- Goltermann v. SchiermeyerSupreme Court of Missouri · 1892
- Finch v. UllmanSupreme Court of Missouri · 1891
- Blackfoot Land Development Co. v. BurksMontana Supreme Court · 1921
- Taylor v. Aetna Life InsuranceMissouri Court of Appeals · 1941
- Simpson v. Wabash RailroadSupreme Court of Missouri · 1898
1 more not listed; retrieve them via the Exa API.