Himmelberger-Harrison Lumber Co. v. Craig
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Hon. Henry G. Riley, Judge. (1) Appellant having shown a perfect legal title to the land in question and that the respondent was placed in possession of it in 1905, as the tenant of appellant, defendant could not subsequently set up an adverse holding.
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Appeal from New Madrid Circuit Court. — Hon. Henry G. Riley, Judge. (1) Appellant having shown a perfect legal title to the land in question and that the respondent was placed in possession of it in 1905, as the tenant of appellant, defendant could not subsequently set up an adverse holding. See. 7885, R. S. 1909. (2) Having shown a perfect legal title to the land in question, and having further shown that defendant entered into the possession of this property as the tenant of appellant, and was in possession at the time of the bringing of this suit, after notice to surrender the possession…
1Opinion of the CourtLamm, J.
In July 1907, plaintiff sued in ejectment for eighty-acres, viz., the southwest quarter of the northeast quarter and the northwest quarter of the southeast quarter in section 18, township 22, range 11, New Madrid county, on what is known as “a ditch title,” laying ouster as of January 1st of that year.
*323The pleadings. The petition was conventional. Defendant answered by general denial, modified by the averment that he and those under whom he claims have been “in open, notorious and adverse possession of the premises in plaintiff’s petition described for more than thirty years.”
The replication…
2Cases cited6 opinions
- Wilkerson v. EilersSupreme Court of Missouri · 1893
- Dunklin County v. ChouteauSupreme Court of Missouri · 1894
- Bowman v. LeeSupreme Court of Missouri · 1871
- Turner v. HallSupreme Court of Missouri · 1875
- Hunter v. PinnellSupreme Court of Missouri · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Conran v. GirvinSupreme Court of Missouri · 1960
- Landers v. ThompsonSupreme Court of Missouri · 1947
- Denny v. GuytonSupreme Court of Missouri · 1932
- Matter of Estate of SavageMissouri Court of Appeals · 1983
- Flinn v. GillenSupreme Court of Missouri · 1928
8 more not listed; retrieve them via the Exa API.