Draper v. Shoot
Supreme Court of Missouri
Appeal from, Marion Circuit Court. This was an action in the nature of an action of ejectment to recover possession of lot No. 3, in block No. 11, in the city of Hannibal. It was commenced August 16, 1851. Plaintiff claims title under one Abram Bird. The lot in controversy is embraced in a tract of 640 acres patented to the said Bird or his legal representatives. The patent bears date December 1st, 1824. The city of Hannibal is located upon said tract of 640 acres.
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Appeal from, Marion Circuit Court. This was an action in the nature of an action of ejectment to recover possession of lot No. 3, in block No. 11, in the city of Hannibal. It was commenced August 16, 1851. Plaintiff claims title under one Abram Bird. The lot in controversy is embraced in a tract of 640 acres patented to the said Bird or his legal representatives. The patent bears date December 1st, 1824. The city of Hannibal is located upon said tract of 640 acres. The defendants insist that a portion of the Bird title has enured to them. It is conceived unnecessary to set forth fully the…
1Opinion of the CourtSoott, Judge
As the defendants claimed a portion of the premises in controversy by title, and relied on the statute of limitations as a complete bar to the plaintiff’s action, and there being a verdict against the plaintiff on the whole case, it is obvious *202that it turned on the statute of limitations, as that was the only defence made to the entire demand. This view of the record will relieve us of the necessity of inquiring into the propriety of the instructions relative to the acts set up by the defendants and alleged by them to confer a title to a portion of the lot in dispute ; for if the statute of…
2Cases cited2 opinions
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- Meriam v. HarsenNew York Court of Chancery · 1847
3Cited by33 opinions
- Gilmore v. NortonSupreme Court of Kansas · 1872
- Worthley v. BurbanksIndiana Supreme Court · 1897
- Feinstein v. McGuireSupreme Court of Missouri · 1957
- Land Clearance for Redevelopment Authority v. ZitkoSupreme Court of Missouri · 1964
- City of St. Louis v. GormanSupreme Court of Missouri · 1860
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