Peterson v. Laik
Supreme Court of Missouri
Appeal from St. Louis Land Court. Touissant Tourville died in the year 1833, owning the land in controversy. He left eight children him surviving. Paschall and Catherine, two of said children, by deeds dated respectively April 1,1834, and April 10, 1834, conveyed their shares (two-eighths) to Pierre and Charles Tourville. Defendant claims title through mesne conveyances from said Pierre and Charles Tourville.
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Appeal from St. Louis Land Court. Touissant Tourville died in the year 1833, owning the land in controversy. He left eight children him surviving. Paschall and Catherine, two of said children, by deeds dated respectively April 1,1834, and April 10, 1834, conveyed their shares (two-eighths) to Pierre and Charles Tourville. Defendant claims title through mesne conveyances from said Pierre and Charles Tourville. By deed dated April 26, 1854, the said Catherine, having then attained her majority, and her husband, conveyed to Mrs. Peterson, one of plaintiffs, the share (one-eighth) that had been…
1Opinion of the CourtScott, Judge
Under the circumstances of the case, the instruction given by the court as a substitute for that offered by the plaintiff was erroneous. As the defendant in her answer under oath denies the right of the plaintiffs to the premises, they, for the purposes of the suit, could not be regarded as co-tenants. The instruction gave the defendant all the benefit of an actual co-tenancy in making her defence, while at the same time she holds the plaintiffs at arm’s length, and denies that they have any title. The law of ouster in an action of ejectment between co-tenants, wherein the one denies that the…
2Cases cited5 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Jackson ex dem. Wallace v. CarpenterNew York Supreme Court · 1814
- Jackson ex dem. Brayton & Dunham v. BurchinNew York Supreme Court · 1817
- Youse v. NorcomsSupreme Court of Missouri · 1849
- Norcum v. GatySupreme Court of Missouri · 1853
3Cited by19 opinions
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Keller v. KellerSupreme Court of Missouri · 1936
- Grant v. PaddockOregon Supreme Court · 1897
- Goodnow v. Empire Lumber Co.Supreme Court of Minnesota · 1884
- Huth v. Carondelet Marine Railway & Dock Co.Supreme Court of Missouri · 1874
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