Mylar v. Hughes
Supreme Court of Missouri
Jipjjeal from Caldwell Circuit Cowrt. I. The court erred in admitting the declarations of David Hughes when he claimed title to the land in dispute. Defendant and his ancestor never had actual possession of this land. Their possession, if any they had, was constructive. To constitute constructive possession, the claim 'must be under color of title.
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Jipjjeal from Caldwell Circuit Cowrt. I. The court erred in admitting the declarations of David Hughes when he claimed title to the land in dispute. Defendant and his ancestor never had actual possession of this land. Their possession, if any they had, was constructive. To constitute constructive possession, the claim 'must be under color of title. (DeGrraw vs. Taylor, 37 Mo., 310; St. Louis vs. Gorman, 29 Mo., 593.) .To constitute color of title there must be an instrument, having a grantor and grantee, and containing a'description of the lands intended to be conveyed, and apt words for…
1Opinion of the CourtNapton, Judge
This was an action of ejectment to recover the west half of the north-west quarter of section 15, township 56, range 29.
The plaintiff produced in evidence a patent from the United States for the land in controversy, to one Squire Bozarth, ■ the date of which is not stated, and a proceeding in" equity in 1S70. to divest the title from Squire Bozarth to his brother, John Bozarth; and then produced a deed from John Bozarth to himself.
The patent is not copied in the record by agreement of counsel, but from subsequent testimohy we may infer that it was dated as far back as 1838 or 1839, and…
2Cases cited3 opinions
- M'Call v. NeelySupreme Court of Pennsylvania · 1834
- City of St. Louis v. GormanSupreme Court of Missouri · 1860
- Morey v. StaleySupreme Court of Missouri · 1873
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- Heynbrock v. HormannSupreme Court of Missouri · 1914
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