Herbst v. Merrifield
Supreme Court of Missouri
Appeal from Harrison Circuit Court. — Hon. P. C. Stepb, Judge. (1) Where both parties claim through a common source of title, it is unnecessary to go back of that common source. JEbersole v. Rankin, 102 Mo. 488; Finch v. JJllman, 105 Mo. 525. (2) Payment of taxes is no evidence of possession. Tax receipts are only admissible in evidence to show the good faith of the claimant. Chapman v. Templeton, 53 Mo., 463; Cashman v. Heirs, 50 Mo.
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Appeal from Harrison Circuit Court. — Hon. P. C. Stepb, Judge. (1) Where both parties claim through a common source of title, it is unnecessary to go back of that common source. JEbersole v. Rankin, 102 Mo. 488; Finch v. JJllman, 105 Mo. 525. (2) Payment of taxes is no evidence of possession. Tax receipts are only admissible in evidence to show the good faith of the claimant. Chapman v. Templeton, 53 Mo., 463; Cashman v. Heirs, 50 Mo. App. 663. (3) The possession of real estate which will create a bar under the statutes of limitation, must be actual, open, and visible, such as will give…
1Opinion of the CourtRobinson, J.
This is an action of ejectment to recover possession of ten, acres of land in Harrison county. The petition is in the usual form, alleging the ouster in June, 1892. The answer was a general denial after an'admission of defendants’ possession.
At the trial plaintiff established a paper title to the land. Defendants then, to show color of title in themselves, read in evidence a deed from one Samuel Merrifield to James Merrifield, one of these defendants, to these and' other lands, bearing date March 17, 1871 (fourteen years after said Samuel Merrifield. had deeded the land in suit, with other…
Also in this document: Concurrence.
2Cases cited1 opinion
- Nye v. AlfterSupreme Court of Missouri · 1895
3Cited by7 opinions
- Miller v. WarnerSupreme Court of Missouri · 1968
- Woodside v. DurhamSupreme Court of Missouri · 1927
- Moss v. JamesSupreme Court of Missouri · 1967
- Brown v. HartfordSupreme Court of Missouri · 1903
- Himmelberger-Harrison Lumber Co. v. McCabeSupreme Court of Missouri · 1909
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