Jordan v. Surghnor
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. Hon. T. H. Baoon, Judge. (1) Appellant only had possession of an individual one-fourth interest, which interest he was legally entitled to hold. He was not in adverse possession of the whole premises claiming title thereto, adversely to anyone who claimed to be his cotenant.
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Appeal from Hannibal Court of Common Pleas. Hon. T. H. Baoon, Judge. (1) Appellant only had possession of an individual one-fourth interest, which interest he was legally entitled to hold. He was not in adverse possession of the whole premises claiming title thereto, adversely to anyone who claimed to be his cotenant. Respondent’s petition ignores the relation of cotenancy, and treats the appellant as a stranger and trespasser, and demands of him the undivided one-fourth interest which appellant is lawfully entitled to, and legally holds. Respondent should not be permitted to put appellant to…
1Opinion of the CourtMacfarlane, J.
This is an action of ejectment to recover an undivided one-fourth of a lot in the city of Hannibal. The petition was in the usual form of *523ejectment, charging that the defendant unlawfully withholds from pláintiffs the possession. The answer admitted that defendant was in possession of one undivided one-fourth of the lot, and that he withheld from plaintiffs the possession thereof, but averred that his possession was lawful.
Plaintiffs read in evidence a'deed, made by Daniel Manning and wife, conveying the lot in controversy to Mary L. Surghnor for life, with remainder to Hayward B., Yalentine…
2Cases cited2 opinions
- Lambert v. BlumenthalSupreme Court of Missouri · 1858
- Sachse v. ClingingsmithSupreme Court of Missouri · 1888
3Cited by4 opinions
- Keller v. KellerSupreme Court of Missouri · 1936
- Langford v. FewSupreme Court of Missouri · 1898
- Longlett v. EisenbergMissouri Court of Appeals · 1928
- Tracy v. WhitsettMissouri Court of Appeals · 1892