Barbarick v. Anderson
Missouri Court of Appeals
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
- Fuhr v. DeanSupreme Court of Missouri · 1857
- Reed v. PriceSupreme Court of Missouri · 1860
- Cook v. PattersonSupreme Court of Alabama · 1859
3Cited by5 opinions
- Hoelmer v. HeiskellSupreme Court of Missouri · 1949
- Cox v. BarkerMissouri Court of Appeals · 1899
- Levy v. McClintockMissouri Court of Appeals · 1910
- Schrodt v. City of St. JosephMissouri Court of Appeals · 1904
- Bergman v. Vogt's AdministratorMissouri Court of Appeals · 1913