Legal Opinion

Childs v. Thompson

Supreme Court of Missouri

Decided April 15, 1884PublishedCited by 2 opinions

Appeal from Linn Circuit Court.—Hon. E. J. Broaddus, Judge. The motion to substitute C. II. and L. Bull should have, been sustained, and the action of the court in that regard was manifest error. Defendant did not make out a case of adverse possession.

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Appeal from Linn Circuit Court.—Hon. E. J. Broaddus, Judge. The motion to substitute C. II. and L. Bull should have, been sustained, and the action of the court in that regard was manifest error. Defendant did not make out a case of adverse possession. Lynde v. Williams, 68 Mo. 360 ; Brown v. King, 5 Met. 173; Musick v. Barney, 49 Mo. 464; Turner v. Hall, 60 Mo. 271; Norfleet v. Hutchins, 68 Mo. 597; Harrison v. Caehelin, 35 Mo. 79; 23 Mo. 117; 27 Mo. 26. The court did not err in overruling the motion made to substitute C. II. and L. Bull as plaintiffs. Revised Statutes, section 3671, is not…

1Opinion of the Court

Ewing, C.

This was a suit in ejectment commenced in the Linn circuit court by Southworth Shaw, as plaintiff, and against Thompson, the defendant. Afterward a change of venue was awarded to Livingston circuit court. The plaintiff, Shaw, conveyed the land to Sallie Childs and died, and the suit was revived in the*name of Sallie Childs as plaintiff.

*339On. the trial the plaintiff read in evidence a patent from the United States to one Jacob Harwood, and deeds from him through several grantees to the plaintiff, Sallie Childs.

The defendant read first a tax deed from the State to David Prewett, dated in…

2Cases cited2 opinions

  1. Cutter v. WaddinghamSupreme Court of Missouri · 1862
  2. Smith v. PhelpsSupreme Court of Missouri · 1881

3Cited by2 opinions

  1. Clark v. GrantSupreme Court of Oklahoma · 1910
  2. Burns v. BurnsSupreme Court of Iowa · 1943

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