Burnham v. Hitt
Supreme Court of Missouri
Appeal from Randolph Circuit Court, — Hon. John A. Hockaday, Judge. (1) Where the line between adjoining proprietors is uncertain, or they are ignorant of its true location, and they fix upon a permanent boundai’y line, and possession is taken accordingly, the agreement is binding on them and those claiming under them.
Read the full summary
Appeal from Randolph Circuit Court, — Hon. John A. Hockaday, Judge. (1) Where the line between adjoining proprietors is uncertain, or they are ignorant of its true location, and they fix upon a permanent boundai’y line, and possession is taken accordingly, the agreement is binding on them and those claiming under them. Taylor v. Zepp, 14 Mo. 344; Blair v. Smith, 16 Mo. 273; Kincaid v. Dormey, 47 Mo. 340; Turner v. Baker, 64 Mo. 218; Jacobs v. Mosley, 91 Mo. 457; Coleman v. Dram, 116 Mo. 393; Oolberman v. Schurmeyer, 111 Mo. 423; 1 Thompson on Trials, secs. 1464 and. 1465; Burris v. Fitch, 76…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment for the. northwest quarter of the northeast quarter of section 30, township 53, range 13, Randolph county, Missouri, but as a matter of fact only a small strip of said forty acres and another small strip of the west side of the northeast quarter of the northeast quarter, of said section, are involved in this suit.
The controversy originated in a recitation in a deed made by Joseph Davis in March, 1864. Joseph Davis, who at that time owned the whole quarter section, conveyed eighty acres more or less to his son, M. K. Davis, and described it as “the east half of…
2Cases cited4 opinions
- Evans v. SnyderSupreme Court of Missouri · 1877
- Rutherford v. TracySupreme Court of Missouri · 1871
- Shewalter v. PirnerSupreme Court of Missouri · 1874
- West v. BretelleSupreme Court of Missouri · 1893
3Cited by7 opinions
- State v. GoddardSupreme Court of Missouri · 1898
- Johnson v. BowlwareSupreme Court of Missouri · 1899
- Frazier v. Shantz Read Estate & Investment Co.Supreme Court of Missouri · 1938
- City of Marshfield v. HaggardMissouri Court of Appeals · 1957
- Warren v. ManwarringSupreme Court of Missouri · 1903
2 more not listed; retrieve them via the Exa API.