Burdett v. May
Supreme Court of Missouri
Error to Livingston Circuit Court.—Hon. J. M. Davis, Judge. (1) In equity proceedings the appellate court will review the evidence offered in the trial court. Beck v. Pollard, 55 Mo. 26; Morey v. Staley, 54 Mo. 419. (2) Adverse possession to be availing to the party pleading it must be open, notorious and exclusive. When held jointly with the adverse party or those in privity with him, it will not overcome the superior title.
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Error to Livingston Circuit Court.—Hon. J. M. Davis, Judge. (1) In equity proceedings the appellate court will review the evidence offered in the trial court. Beck v. Pollard, 55 Mo. 26; Morey v. Staley, 54 Mo. 419. (2) Adverse possession to be availing to the party pleading it must be open, notorious and exclusive. When held jointly with the adverse party or those in privity with him, it will not overcome the superior title. Burk v. Adams, 80 Mo. 515; Mays v. Pryce, 95 Mo. 603; McQuiddy v. Wear, 67 Mo. 74; Hamilton v. Boggess, 63 Mo. 233; Houx v. Batteen, 68 Mo. 84; Lynde v. Williams, 68 Mo.…
1Opinion of the CourtSherwood, J.
By the institution of this equitable proceeding, the plaintiffs sought to charge the defendant, James May, as the trustee of a resulting trust, it being alleged that he entered the land in dispute in his own name, when it should have been entered in the name of his mother, the money being furnished for that purpose by his grandfather.
I. This case may be ruled on two points, either of which is decisive. Hirst. The insufficiency of the testimony to establish a resulting trust, and, second, the statute of limitations.
The rule which prevails in this state, the general rule elsewhere upon the…
2Cases cited19 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Hunter v. HunterSupreme Court of Missouri · 1872
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1879
- Landes v. PerkinsSupreme Court of Missouri · 1848
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3Cited by19 opinions
- Geter v. SimmonsSupreme Court of Florida · 1909
- Curd v. BrownSupreme Court of Missouri · 1899
- Reed v. PainterSupreme Court of Missouri · 1895
- King v. IsleySupreme Court of Missouri · 1893
- St. Louis Union Trust Co. v. BuschSupreme Court of Missouri · 1940
14 more not listed; retrieve them via the Exa API.