Tomlinson v. Lynch
Supreme Court of Missouri
Appeal from St. Louis Land Court. This is an action of ejectment, brought 28th January, 1860, by plaintiffs against defendants, to recover possession of two lots in Labadie’s addition to the city of St. Louis.
Read the full summary
Appeal from St. Louis Land Court. This is an action of ejectment, brought 28th January, 1860, by plaintiffs against defendants, to recover possession of two lots in Labadie’s addition to the city of St. Louis. The petition alleges that, on the 1st September, 1859, the plaintiffs were entitled to the possession of said premises ; and that, being so entitled, the defendants aftérwards, on the same day, entered into such premises, and unlawfully withhold possession thereof from plaintiffs, to their damage, in the sum of five hundred dollars ; and alleges the monthly value of the rents at fifty…
1Opinion of the CourtBates, Judge
This is an action of ejectment. The plaintiffs showed legal paper title to the premises ; and the defendant, Salina Lynch, claimed to have had ten years’ possession, such as to bar the plaintiffs by the statute of limitations. The action was begun on the 28th of January, 1860. The only important question in the case is the inquiry whether Mrs. Salina Lynch’s possession was adverse to the right of the plaintiffs. Her deed, made in 1848, and her participation in the partition suit began in 1858, demonstrate that she acknowledged the title which the plaintiffs have to be good; and her possession…
2Cited by4 opinions
- Smith v. Vermont Marble CompanySupreme Court of Vermont · 1926
- Christian & Taylor v. FancherSupreme Court of Arkansas · 1921
- Lamberson v. LongMissouri Court of Appeals · 1896
- Cook v. NeelyMissouri Court of Appeals · 1910