Kellogg v. Mullen
Supreme Court of Missouri
Appeal from, St. Louis Land Court. Suit in ejectment, brought September 13,1861, to recover a small strip of land in block 53 of the city of St. Louis, described as fronting four feet six inches on Third street by one hundred and sixty feet deep, being part of a larger lot of thirty-two feet, bounded north by line of Simont and south by grantor, taken from the south side thereof.
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Appeal from, St. Louis Land Court. Suit in ejectment, brought September 13,1861, to recover a small strip of land in block 53 of the city of St. Louis, described as fronting four feet six inches on Third street by one hundred and sixty feet deep, being part of a larger lot of thirty-two feet, bounded north by line of Simont and south by grantor, taken from the south side thereof. The answer admitted possession in defendant as lessee of O’Flaherty, and set up adverse possession in O’Flaherty and those under whom he claimed for twenty years prior to the commencement of the suit. Plaintiff and…
1Opinion of the CourtHolmes, Judge
The decision of the case turns upon the question of adverse possession. Both parties claim under a common grant- *177or. The deeds from this grantor convey adjoining lots. The plaintiff claims one of the lots under a deed made in 1847. The defendant claims as the lessee of the grantee under a deed of the other lot made in 1851. At the time of the first deed there was an outstanding lease from the same grantee covering the premises in dispute for a term of twenty years, which expired in 1857. The defendant then took possession of the premises under his lease from the grantee in the second deed of…
2Cases cited1 opinion
- Shepard v. MartinSupreme Court of Missouri · 1862