Milligan v. Fritts
Supreme Court of Missouri
Appeal frora Audrain Circuit Court. — Eon. James D. Barnett, Judge. (1) Occupancy by one coterminous owner is adverse wben the evidence shows that he claimed and continuously asserted a line.to be the true line, and has held the premises up to it, claiming them as his own. Bisso v. Casper, 14 Tex. Civ.
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Appeal frora Audrain Circuit Court. — Eon. James D. Barnett, Judge. (1) Occupancy by one coterminous owner is adverse wben the evidence shows that he claimed and continuously asserted a line.to be the true line, and has held the premises up to it, claiming them as his own. Bisso v. Casper, 14 Tex. Civ. App. 19; Brock v. Bear, 42 S. E. (Va.) 307; Batner v. Baker, 108 Mo. 341; McWilliams v. Samuel, 123 Mo. 659; Brummel v. Harris, 148 Mo. 430. (2) Land is held adversely within the meaning of the law, where a landowner, by mistake, incloses and holds beyond, his true boundaries, claiming the…
1Opinion of the CourtValliant, J.
This is a suit in ejectment filed April 7, 1906, for a strip of land four feet wide at the east end, two and a half feet wide at the west end and 128 feet long, off of the north side of lot 3 in block 5 of Clark’s Addition to the city of Mexico in Audrain county; the petition is in the usual form and the answer a general denial.
There seems to. have been no dispute about the récord title, it being conceded that defendant held the record title to lots 1 and 2 and that the plaintiff held the record title to lot 3, but the plaintiff’s contention was that the strip of land in suit was a part of…
2Cases cited7 opinions
- Keen v. SchnedlerSupreme Court of Missouri · 1887
- Cole v. ParkerSupreme Court of Missouri · 1879
- Mather v. WalshSupreme Court of Missouri · 1891
- Skinker v. HaagsmaSupreme Court of Missouri · 1889
- Hamilton v. WestSupreme Court of Missouri · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of Rock Springs v. SturmWyoming Supreme Court · 1929
- Brown v. WilsonSupreme Court of Missouri · 1941
- Adams v. WhiteMissouri Court of Appeals · 1972
- Sanderson v. McManusSupreme Court of Missouri · 1952
- Edie v. ColemanMissouri Court of Appeals · 1940
8 more not listed; retrieve them via the Exa API.