Warfield v. Lindell
Supreme Court of Missouri
Appeal from, Si. Louis Land Court. This was an action in the nature of an action of ejectment brought by the plaintiffs as heirs of Nathaniel A. Ware, deceased, on the 1 4th of January, 1857, to recover possession of an undivided third part of lots numbered 5, 6, 7 and 8, being block No. 225 in the city of St. Louis, containing two hundred and forty feet front on Lewis street and running back to the Mississippi river.
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Appeal from, Si. Louis Land Court. This was an action in the nature of an action of ejectment brought by the plaintiffs as heirs of Nathaniel A. Ware, deceased, on the 1 4th of January, 1857, to recover possession of an undivided third part of lots numbered 5, 6, 7 and 8, being block No. 225 in the city of St. Louis, containing two hundred and forty feet front on Lewis street and running back to the Mississippi river. Plaintiffs claim title as follows: Smith, Bates and Lisa, in 1817, laid out an addition to the city of St. Louis. Manuel Lisa died in the year 1822. Under a judgment against the…
1Opinion of the CourtNapton, Judge
The statute of limitations having been the main ground of defence at the trial of this case, the instructions on that subject constitute the principal point for our consideration.
There is an admitted distinction recognized in the cases on the subject between the character of a disseisin as against strangers and between tenants in common. This distinction is founded on the presumption that a person, who enters into possession of a tract of land having a title thereto, enters in conformity to that title. No presumption will be entertained that a man means to do an unlawful act; and if the title…
2Cases cited3 opinions
- Lessee of Clymer v. DawkinsSupreme Court of the United States · 1845
- Law v. PattersonSupreme Court of Pennsylvania · 1841
- Bolton v. HamiltonSupreme Court of Pennsylvania · 1841
3Cited by43 opinions
- Unger v. MooneyCalifornia Supreme Court · 1883
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Hamilton v. BoggessSupreme Court of Missouri · 1876
- Liles v. PittsSupreme Court of Louisiana · 1919
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