Myers v. Miller
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. E. J, Broadus, Judge. (1) If Grilliam owned and was in the actual possession of the land up to the time it washed away, and then, upon its re-formation exercised dominion over it, claiming it, used it for cutting poles and tobacco sticks from till 1887, when he located the lines around the land, had the lines cleared away to show where they were, and to fence, located the corners, and began clearing the land, he was in such…
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Appeal from the Carroll Circuit Court. — Hon. E. J, Broadus, Judge. (1) If Grilliam owned and was in the actual possession of the land up to the time it washed away, and then, upon its re-formation exercised dominion over it, claiming it, used it for cutting poles and tobacco sticks from till 1887, when he located the lines around the land, had the lines cleared away to show where they were, and to fence, located the corners, and began clearing the land, he was in such actual possession thereof that Reece’s intrusion and occupancy in the . spring of 1888'was a forcible entry upon Gilliam’s…
1Opinion of the CourtSmith, P. J.
This was an action of unlawful detainer. The undisputed facts showed that the land in controversy was originally situated in Chariton county, and that in 1856 the Missouri river begun to encroach upon it so that by 1868 it was entirely washed away. In the year 1878 it was re-formed by the action of the waters of the Missouri and Grand rivers. When re-formed, it was found situate on the west side of Grand river, by reason of which it became embraced within the territorial limits of Carroll county.
There was a trial in the circuit court, which resulted in judgment for the plaintiff, and from…
2Cases cited30 opinions
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Johnson v. BeazleySupreme Court of Missouri · 1877
- McClanahan v. WestSupreme Court of Missouri · 1889
- State v. KilgoreSupreme Court of Missouri · 1879
- Henry v. McKerlieSupreme Court of Missouri · 1883
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3Cited by2 opinions
- Jacques v. GogginSupreme Court of Missouri · 1952
- Livingston v. AllenMissouri Court of Appeals · 1900