Nave v. Smith
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. J. M.. Davis, Judge. (1) The law is well settled that a parol partition of lands by tenants in common, followed by exclusive, notorious, and adverse possession, is valid and binding between the parties, and title thus acquired is a legal and valid title. Hazen v. Barnett, 50 Mo. 507; Bonapart v. Roderman, 24 Mo. 401; 43 N. Y. 546; 36 N. Y. 499; 21 Mo. 331; 20 Mo. 81; 25 Mo. 63; 28 Mo. 13, 164; Qharpiot n.
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Appeal from Livingston Circuit Court. — Hon. J. M.. Davis, Judge. (1) The law is well settled that a parol partition of lands by tenants in common, followed by exclusive, notorious, and adverse possession, is valid and binding between the parties, and title thus acquired is a legal and valid title. Hazen v. Barnett, 50 Mo. 507; Bonapart v. Roderman, 24 Mo. 401; 43 N. Y. 546; 36 N. Y. 499; 21 Mo. 331; 20 Mo. 81; 25 Mo. 63; 28 Mo. 13, 164; Qharpiot n. Sigerson, 63 Mo. 60 ; 54 Mo. 261; 4 Johns. 202; 7 Johns. 276 ; 3 Pick. 399 ; 54 N. Y. 639; 3 Mo. App. 561. (2) Neither Kerr nor Breckenridge…
1Opinion of the CourtBlack, J.
The defendant appealed, from a judgment in favor of the plaintiff in an action of ejectment for the undivided one-half of eighty-five acres of land in DeKalb county. While this case is, in many respects, *599like that of Nave v. Todd, 83 Mo. 601, still there is some difference in the evidence, and this case is presented on a somewhat different theory, so that it will be considered on its own facts.
Prior to 1859, Henry C. Kerr and John C. Breckenridge owned two farms in LeKalb county, as tenants in common, and they were also the joint owners' of certain personal property. The defendant’s evidence…
2Cases cited2 opinions
- Hazen v. BarnettSupreme Court of Missouri · 1872
- Nave v. ToddSupreme Court of Missouri · 1884
3Cited by6 opinions
- Berry v. SeawallCourt of Appeals for the Sixth Circuit · 1895
- Simmons v. SprattSupreme Court of Florida · 1890
- Gulick v. HuntleySupreme Court of Missouri · 1898
- Sutton v. PorterSupreme Court of Missouri · 1893
- Cave v. WellsSupreme Court of Missouri · 1928
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