Legal Opinion

Barbarick v. Anderson

Missouri Court of Appeals

Decided May 11, 1891PublishedCited by 5 opinions

Appeal from the Gasconade Circuit Court. — Hon. I. W. Boulware, Special Judge. ’ The plaintiff having been in the actual possession of the land under color of title for a number of years can maintain trespass, even against the legal owner who has never been in possession. Ware t>. Johnson, 55 Mo. 500 ; Chapman v. Templeton, 53 Mo. 463; Fitch v. Cosser, 54 Mo. 267; Watts v. Louris, 81 Mo. 236 ; Lincleoiboioer v. Bentley, 86 Mo. 575; Brown ». Hartzell, 87 Mo. 564.

1Opinion of the CourtSmith, P. J.

— This was an action brought by plaintiff against defendants before a justice of the peace, under the statute, Revised Statutes, section 3921, to recover damages for trespass.

The case was removed to the circuit court by appeal, where there was a trial, by consent, before the court, and where the plaintiff proved that he had been in possession of said land for eight years under color of title ; but it was admitted that the deed under which ho claimed was void on its face — it was admitted by the .plaintiff that the defendants were the legal owners of the land in suit, but had never been in the…

2Cases cited3 opinions

  1. Fuhr v. DeanSupreme Court of Missouri · 1857
  2. Reed v. PriceSupreme Court of Missouri · 1860
  3. Cook v. PattersonSupreme Court of Alabama · 1859

3Cited by5 opinions

  1. Hoelmer v. HeiskellSupreme Court of Missouri · 1949
  2. Cox v. BarkerMissouri Court of Appeals · 1899
  3. Levy v. McClintockMissouri Court of Appeals · 1910
  4. Schrodt v. City of St. JosephMissouri Court of Appeals · 1904
  5. Bergman v. Vogt's AdministratorMissouri Court of Appeals · 1913

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