Schultz v. Lindell
Supreme Court of Missouri
Appeal from, St. Louis Land Cowl. ^ This was an action to recover possession of a portion of a tract of one by forty arpens of land situated in the Grand Prairie common field, near St. Louis. This case has heretofore been before the supreme court.
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Appeal from, St. Louis Land Cowl. ^ This was an action to recover possession of a portion of a tract of one by forty arpens of land situated in the Grand Prairie common field, near St. Louis. This case has heretofore been before the supreme court. (See 24 Mo. 567.) The action was commenced September 19,1855. Said tract of one by forty arpens was confirmed by act of Congress of July 4,1836, to William Bizette’s representatives, and surveyed by United States survey No. 3340. Plaintiffs also claim title under John B. Provenchere, to whom, it is alleged, the land was confirmed by act of Congress…
1Opinion of the CourtEwing, Judge
It is insisted that the instruction given for the defendant defining adverse possession was contradictory in principle to that given for the plaintiff on the same subject; and it is maintained that possession of a part claiming the whole under color of title is not an adverse possession, against the *317constructive possession of the true owner, beyond the actual adverse occupancy. This proposition, in the general terms in which it is stated, we think, is incorrect as applied to the case before us. Its correctness would not be questioned as applicable to cases where the true owner and an…
2Cases cited1 opinion
- Blumenthal v. RollSupreme Court of Missouri · 1856
3Cited by10 opinions
- Bradley v. WestSupreme Court of Missouri · 1875
- Hickman v. LinkSupreme Court of Missouri · 1888
- Benne v. MillerSupreme Court of Missouri · 1899
- Ozark Plateau Land Co. v. HaysSupreme Court of Missouri · 1891
- Leeper v. BakerSupreme Court of Missouri · 1878
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