Long v. Higginbotham
Supreme Court of Missouri
Error to Washington Circuit Court. The deeds introduced showed color of title. (Ang. Lim., [5th Ed.] p. 408, and eases cited; Fugate vs. Pearce, 49 Mo., 441.) Possession had been shown under that color of title. (Crispen vs. Hannavan, 50 Mo., 536.) The "south fourth ” of a quarter section gives no description at all. When such a description occurs the deed gives no col- or of title.
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Error to Washington Circuit Court. The deeds introduced showed color of title. (Ang. Lim., [5th Ed.] p. 408, and eases cited; Fugate vs. Pearce, 49 Mo., 441.) Possession had been shown under that color of title. (Crispen vs. Hannavan, 50 Mo., 536.) The "south fourth ” of a quarter section gives no description at all. When such a description occurs the deed gives no col- or of title. (Long vs. Wagoner, 47 Mo., 179; Home vs. Williams, 51 Mo., 252; Clemens vs. Rannells, 34 Mo., 579 ; Campbell vs. Johnson, 43 Mo., 250.)
1Opinion of the CourtNapton, Judge
This was an action of ejectment to recover possession of a small portion of what is termed the South fourth of the Northwest fraction quarter of Section 10, Township 38, Range 3. The defendant admitted possession of so much of the tract claimed as was included in the South-east fraction quarter of the North-west quarter of said section 10.
The land in controversy was claiméd to be a part of a tract of land of about 578 acres, alleged to have been originally purchased of the United States by John Smith, (T.) at what period does not appear; but at the date of a conveyance made by his daughter…
2Cases cited2 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Griffith v. SchwendermanSupreme Court of Missouri · 1858
3Cited by5 opinions
- Allen v. MansfieldSupreme Court of Missouri · 1891
- Bradshaw v. EdelenSupreme Court of Missouri · 1906
- Urbanec v. UrbanecNorth Dakota Supreme Court · 1919
- Bell v. JohnsonSupreme Court of Missouri · 1907
- McElhinney v. KrausMissouri Court of Appeals · 1881