Nave v. Todd
Supreme Court of Missouri
Appeal from DeKalb Circuit Court— Hon. James P. Grubb, Judge. (1) Parol partition of land followed by possession of the respective portions assigned to each is valid. Hazen v. Barnett, 50 Mo. 507. (2) Possession of real estate is evidence of the title of the possessor to all who know of the possession.
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Appeal from DeKalb Circuit Court— Hon. James P. Grubb, Judge. (1) Parol partition of land followed by possession of the respective portions assigned to each is valid. Hazen v. Barnett, 50 Mo. 507. (2) Possession of real estate is evidence of the title of the possessor to all who know of the possession. Shumate v. Reavis, 49 Mo. 336 ; Maupin v. Emmons, 47 Mo. 306; Vaughn v. Tracy, 22 Mo. 417, and 25 Mo. 318. (3) Nave, as mortgagee, is not a purchaser for value; the conveyance was a mortgage to secure an antecedent debt. (4) The finding and judgment should have been for defendant because…
1Opinion of the CourtBlack, J.
1. This was an action of ejectment. ' Todd was the tenant of McDonald. McDonald pleaded an .•equitable defence. Plaintiff recovered judgment for the undivided one-half of 80 acres of land in DeKalb county, from which defendants appealed.
The plaintiff’s title consisted of a mortgage made by PI. Clay Kerr, and a sheriff’s deed dated March 7th, 1865, made upon a sale under the foreclosure of the mortgage. The suit to foreclose the mortgage was instituted by Nave against Kerr in the circuit court of ■.that county. The defendant was notified by publication •returnable to the March term, 1863.…
2Cases cited8 opinions
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