Bailey v. Winn
Supreme Court of Missouri
Error to Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The patent from the state to Edward A. Edwards and his warranty deed to plaintiff were sufficient to warrant a recovery by plaintiff, as there was no adverse possession shown by the evidence, but a holding under the state or Macon county, and the statute of limitation was never set in motion..
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Error to Macon Circuit Court. — Hon. Andrew Ellison, Judge. (1) The patent from the state to Edward A. Edwards and his warranty deed to plaintiff were sufficient to warrant a recovery by plaintiff, as there was no adverse possession shown by the evidence, but a holding under the state or Macon county, and the statute of limitation was never set in motion.. (2) There is nothing in the evidence tending to show that the possession, originally friendly, was changed to an adverse possession, or that the state ever had any notice of such change. Pratt v. Canfield, 67 Mo. 50 ; Pershing v. Canfield,…
1Opinion of the CourtBlack, J.
This is ejectment for one hundred and twenty acres of land, the same being a part of school section 16, in township 59, range 16, in Macon county.
The defendants, Winn and Epperson, are the tenants of James D. Sparrow, who is the curator of the estates of David E. and Thomas M. Edwards, minor heirs of Edward Edwards, deceased. Sparrow was made a defendant on his own motion, and defends for his wards, though they are not made defendants. The answer of Sparrow sets up, and he made full proof of, the following facts: On November 2, 1847, the sheriff of Macon county, pursuant to an order of the…
2Cases cited8 opinions
- Johnson v. HoustonSupreme Court of Missouri · 1871
- Corrigan v. MorrisSupreme Court of Missouri · 1888
- Sensenderfer v. KempSupreme Court of Missouri · 1884
- Syenite Granite Co. v. BobbSupreme Court of Missouri · 1888
- Youngblood v. VastineSupreme Court of Missouri · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- State Ex Rel. Place v. BlandSupreme Court of Missouri · 1944
- State ex rel. South Missouri Pine Lumber Co. v. DearingSupreme Court of Missouri · 1904
- Balz v. NelsonMissouri Court of Appeals · 1903
- Barber Asphalt Paving Co. v. HezelSupreme Court of Missouri · 1897
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