Strother v. Barrow
Supreme Court of Missouri
Appeal from Pike Circuit Court . — Hon. David 11. Ebyr Judge. (1) ’Where a common source of title was admitted or proven, then adverse possession will constitute a defense.
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Appeal from Pike Circuit Court . — Hon. David 11. Ebyr Judge. (1) ’Where a common source of title was admitted or proven, then adverse possession will constitute a defense. Emstring v. G-leason, 137 Mo. 594. (2) The trial court refused to give effect to the adverse possession which it affirmatively found to have been enjoyed by the defendant Barrow, by reason of the provision of Sec. 1886, B. S. 1909, which provides in substance that nothing contained in any Statute of limitation shall extend to any land given, granted, sequestered or appropriated to a pious use. While it might be conceded…
1Opinion of the CourtLamm, J.
Ejectment. Defendant appeals from a judgment in favor of plaintiffs for an undivided two-sixths interest in a tract situate in the hamlet of Ashley, Pike county.
Ashley was not laid out true to the cardinal points of the compass. Its subdivisions run from the northeast to the southwest. Among them is a square acre once belonging to Boyd, the common source of title. Boyd deeded seventy feet in rectangular shape off the southwest end of his acre to the Old School Presbyterian Church, putting the title in named trustees. The residue he deeded to his daughter, Mrs. Dorsey, and she conveyed to…
2Cases cited5 opinions
- Buchanan v. KennardSupreme Court of Missouri · 1911
- Shewalter v. PirnerSupreme Court of Missouri · 1874
- Boyles v. RobertsSupreme Court of Missouri · 1909
- Musser v. JohnsonSupreme Court of Missouri · 1867
- Carter v. SpracklinSupreme Court of Missouri · 1912
3Cited by13 opinions
- Anson v. TietzeSupreme Court of Missouri · 1945
- Helvering v. JonesCourt of Appeals for the Eighth Circuit · 1941
- Mott v. MorrisSupreme Court of Missouri · 1913
- Musser v. MusserSupreme Court of Missouri · 1920
- Hartford National Bank & Trust Co v. Oak Bluffs First Baptist ChurchSupreme Court of Connecticut · 1933
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