Hunnewell v. Burchett
Supreme Court of Missouri
Appeal from Oregon Circuit Court. — Hon. W. N. Evans, Judge. (1) Respondent’s possession of the strip of ground in dispute was not under claim of title for ten years prior to the institution of this suit. DeBarnardi v. McElroy, 110 Mo. 650; Allen v. Mansfield, 108 Mo. 343; Kansas City Milling Co', v. Riley, 133 Mo. 574; Bradly v. West, 60 Mo. 33. (2) Respondent’s possession was not hostile in its inception or continuance to the true title of the owner.
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Appeal from Oregon Circuit Court. — Hon. W. N. Evans, Judge. (1) Respondent’s possession of the strip of ground in dispute was not under claim of title for ten years prior to the institution of this suit. DeBarnardi v. McElroy, 110 Mo. 650; Allen v. Mansfield, 108 Mo. 343; Kansas City Milling Co', v. Riley, 133 Mo. 574; Bradly v. West, 60 Mo. 33. (2) Respondent’s possession was not hostile in its inception or continuance to the true title of the owner. Maberry v. Dollar-hide, 98 Mo. 198; Burke v. Adams, 80 Mo. 504; Nave v. Smith, 95 Mo. 596; Moore v. Harris, 91 Mo. 616; Knowlton v. Smith, 36…
1Opinion of the CourtBurgess, J.
This is ejectment to recover the possession of three quarter-sections of land from defendants, which *613is alleged to be wrongfully detained by him. The suit was commenced in July, 1895, the ouster being laid on the 20th day of that month.
The petition is in the usual form.
The answer admits the possession of ten acres of the tracts sued for, but denies the possession by defendant of any other' portion of the land, and disclaims all right or title thereto. It then pleads the ten year statute of limitations with respect to that part of which defendant admits possession.
The case was tried by the…
2Cases cited5 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Fugate v. PierceSupreme Court of Missouri · 1872
- Magee v. MageeMississippi Supreme Court · 1859
- Davis v. BowmarMississippi Supreme Court · 1878
- Bowman v. LeeSupreme Court of Missouri · 1871
3Cited by16 opinions
- Anthony v. Kennard Building Co.Supreme Court of Missouri · 1905
- Martin v. CoxSupreme Court of Oklahoma · 1912
- Allen v. WisemanSupreme Court of Missouri · 1949
- Hilgert v. WernerSupreme Court of Missouri · 1940
- Eld v. EllisSupreme Court of Missouri · 1950
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