Ozark Plateau Land Co. v. Hays
Supreme Court of Missouri
Appeal from Laclede Circuit Court. — Hon. W. I. Wallace, Judge. This is an action of ejectment in the ordinary-form for the south half of the northeast quarter and northwest quarter of the northeast quarter of section 34, township 34, range 14, in Laclede county. The defense is the statute of limitations, adverse possession under color of title, etc. In the circuit court the cause was submitted on a statement of facts, agreed to by both parties.
Read the full summary
Appeal from Laclede Circuit Court. — Hon. W. I. Wallace, Judge. This is an action of ejectment in the ordinary-form for the south half of the northeast quarter and northwest quarter of the northeast quarter of section 34, township 34, range 14, in Laclede county. The defense is the statute of limitations, adverse possession under color of title, etc. In the circuit court the cause was submitted on a statement of facts, agreed to by both parties. It included a map to indicate the exact location of the disputed land. The agreed case then reads thus: “That for thirty-years, the plaintiff and…
1Opinion of the CourtBarclay, J.
This case was tried upon an agreed statement of facts, and now presents, mainly, questions as to the meaning of that statement.
It is conceded that plaintiff has the earlier paper title, and that it is entitled to recover, unless the facts stated give defendant a better right.
The statement shows defendant’s possession of the disputed land, under color of title, for more than ten years before this action, and that such possession was “uninterrupted, adverse and notorious.” From other parts of the agreed case it is evident that these words were not intended to imply “actual” possession, for…
2Cases cited11 opinions
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Henry & Coatsworth Co. v. EvansSupreme Court of Missouri · 1888
- Gage v. GatesSupreme Court of Missouri · 1876
- McDonald v. SchneiderSupreme Court of Missouri · 1858
- Munford v. WilsonSupreme Court of Missouri · 1852
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hutcherson v. Sovereign CampTexas Supreme Court · 1923
- Goltermann v. SchiermeyerSupreme Court of Missouri · 1892
- Benne v. MillerSupreme Court of Missouri · 1899
- Lossing v. ShullSupreme Court of Missouri · 1943
- City of Stanberry v. JordanSupreme Court of Missouri · 1898
11 more not listed; retrieve them via the Exa API.