Mizell v. Osmon

Action to determine title and in ejectment for described lands in Dunklin county, with cross action to quiet title in defendant and to establish an equitable lien for improvements if title be found in plaintiffs. The trial court found for defendant and plaintiffs have appealed.

Mary Jane Herman, the admitted common source of title, died in 1907. Plaintiffs claim as devisees (remaindermen) under her will. The will, dated February 23, 1905, was filed and admitted to probate in Dunklin county on August 26, 1907, but it was never recorded in the recorder's office. Defendant claims title by mesne…