Patton v. Fox
Supreme Court of Missouri
Appeal from Pike Circuit Court. — How. David H. Way, Judge. (1) Plaintiff failed to show title in himself to the piece of ground in controversy. Plaintiff must recover, if at all, on the strength of his own title, or right to possession, and can not recover on the weakness of defendant’s title.
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Appeal from Pike Circuit Court. — How. David H. Way, Judge. (1) Plaintiff failed to show title in himself to the piece of ground in controversy. Plaintiff must recover, if at all, on the strength of his own title, or right to possession, and can not recover on the weakness of defendant’s title. Duncan v. Able, 99 Mo. 188; Mather v. Walsh, 107 Mo. 121; Wilkerson v. Eilers, 114 Mo. 245; West v. Bretelle, 115 Mo. 653; Mulherin v. Simpson, 124 Mo. 610; Menkins v. Blumenthal, 19 Mo. 497; Robinson v. Cloggett, 149 Mo. 153. The deed by which plaintiff claims title does not deed or convey the…
1Opinion of the Court
BBÁCE, P. J.
— This is an action in ejectment against the defendant, James H. Patton and his tenant, Otto Fox, to recover the possession of a small irregular tract of land, described by metes and bounds in the petition, containing two and 11-100 acres, situate in the northeast quarter of section 34, township 52, range 1 east, in Pike county, the shape and location of which is shown by the following diagram, the land in dispute being within the lines b., c., d., e., B., b., on the diagram:
*529
*530The petition is in common form. The answer a general denial, and a plea of the statute of limitations. The…
2Cases cited5 opinions
- Rutherford v. TracySupreme Court of Missouri · 1871
- Thomson v. ThomsonSupreme Court of Missouri · 1893
- Whitaker v. WhitakerSupreme Court of Missouri · 1903
- Calloway v. HendersonSupreme Court of Missouri · 1895
- Presnell v. HeadleySupreme Court of Missouri · 1897
3Cited by3 opinions
- Boxley v. EasterSupreme Court of Missouri · 1959
- Boedeker Ex Rel. Boedeker v. WrightSupreme Court of Missouri · 1958
- Huffman v. BenitezSupreme Court of Missouri · 1946