Prior v. Scott
Supreme Court of Missouri
Appeal from Osage Circuit Court. — Hon. A. J. Seay,' Judge. (1) The plaintiff was not entitled to recover. He had no title to the land sued for; certainly, no legal title;.the evidence excludes a recovery upon the theory of a previous possession of the land; and the defendant had the title to the same.
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Appeal from Osage Circuit Court. — Hon. A. J. Seay,' Judge. (1) The plaintiff was not entitled to recover. He had no title to the land sued for; certainly, no legal title;.the evidence excludes a recovery upon the theory of a previous possession of the land; and the defendant had the title to the same. Laws 1851, pp. 238-40; R. S., secs. 6151-3, 6156 ; Prior v. Lambeth, 78 Mo. 538; Dunklin County v. County Court, 23 Mo. 449 ; State ex rel. v. New Madrid County Court, 51 Mo. 82; Kile v. Tubbs-, 23 Cal. 431; Saline County v. Wilson, 61 Mo. 239 ; R, S., secs. 6200-2; Railroad Co. v. Smith, 41…
1Opinion of the CourtNorton, J.
This is a suit in ejectment to recover possession of the southeast fractional quarter of the north-feast fractional quarter of section 3, township 43, range 7, In Osage county, containing eighteen acres. The au,, ver .admits possession by defendant, but denies plaintiff’s right to recover. Plaintiff had judgment, from which defendant has appealed.
Plaintiff, in support of his title or claim, put in evidence tending to show that the land in controversy was selected in 1851, as swamp land, and that the sheriff of Osage county, by virtue of an order of the county court of said county, made at its…
2Cases cited6 opinions
- De Graw v. PriorSupreme Court of Missouri · 1873
- State v. Bank of the State of MissouriSupreme Court of Missouri · 1870
- Webster v. BlountSupreme Court of Missouri · 1867
- McPike v. AllmanSupreme Court of Missouri · 1873
- Dunn v. MillerSupreme Court of Missouri · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903
- Fancher v. ProckSupreme Court of Missouri · 1935
- Pool v. BrownSupreme Court of Missouri · 1889
- Ashur v. McCreerySupreme Court of Oklahoma · 1931
- Davis v. HessSupreme Court of Missouri · 1890
4 more not listed; retrieve them via the Exa API.