Davis v. Thompson
Supreme Court of Missouri
Appeal from Livingston Circuit Court. The law presumes that a person in possession of land has acquired the title which the people or sovereign once held. (Tyl. Ej., 105, 569 ; 14 How., 295.) In actions of ejectment, the statute of limitations does not begin to run so as to confer title till the “fee” has passed from the General Government, by patent or grant.
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Appeal from Livingston Circuit Court. The law presumes that a person in possession of land has acquired the title which the people or sovereign once held. (Tyl. Ej., 105, 569 ; 14 How., 295.) In actions of ejectment, the statute of limitations does not begin to run so as to confer title till the “fee” has passed from the General Government, by patent or grant. (Gibson vs. Chouteau, 50 Mo., 85; Ibid, 13 Wall., 93; Ibid, 39 Mo., 536; Cabanne vs. Lindell, 12 Mo., 184.) The statute cannot bar the United States General Government.
1Opinion of the CourtWagner, Judge
The plaintiff brought his action in ejectment in the Circuit Court, to recover the possession of a tract of land lying in Livingston County. The petitio'n was in the ordinary form, and the answer contained a simple denial of its allegations. The trial was before the court without the intervention of a jury, and the plaintiff introduced evidence showing that one A. C. Martin conveyed the premises in question to the plaintiff in the year 1860, by a deed, and that said Martin had occupied and possessed the real estate under a claim of title, derived by deed,for about ten years before the sale…
2Cases cited2 opinions
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
- Dale v. FaivreSupreme Court of Missouri · 1869
3Cited by1 opinion
- Boe v. ArnoldOregon Supreme Court · 1909