Morrison v. Bomer
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Eon. J. L. Fort, Judge. To entitle plaintiff to recover in an action of ejectment on the ground of having acquired the title to the demanded property hy adverse possession, it is not necessary to allege adverse possession for the statutory period. Under an averment of ownership in fee and of right to the possession at the commencement of the -action, plaintiff may prove any facts which would entitle him to recover at that time.
Read the full summary
Appeal from Stoddard Circuit Court. — Eon. J. L. Fort, Judge. To entitle plaintiff to recover in an action of ejectment on the ground of having acquired the title to the demanded property hy adverse possession, it is not necessary to allege adverse possession for the statutory period. Under an averment of ownership in fee and of right to the possession at the commencement of the -action, plaintiff may prove any facts which would entitle him to recover at that time. The same rule applies to pleading of defendant, where adverse possession is relied upon as a defense to an action at law to…
1Opinion of the CourtBrace, P. J.
— This is an action in ejectment to recover possession of a tract of land in Stoddard county, described in the petition.
The petition is in common form. The answer is a general denial.
The trial was before the court without a jury, finding and judgment for the defendants, and plaintiff appeals.
By patent, dated May 2, 1860, and duly recorded July 30, 1867, one Andrew J. Bruff acquired the legal title to the premises. On the 20th of December, 1873, by mesne conveyances from him, all duly recorded, John W. Myers, and Cassander Myers, his wife, acquired Bruff’s title. By sheriff’s -deed, dated the…
2Cited by3 opinions
- Chilton v. NickeySupreme Court of Missouri · 1914
- Rohner v. BeetsMissouri Court of Appeals · 2013
- Abrams v. Unknown Heirs of RiceSupreme Court of Missouri · 1927