Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 235

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 235

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...128 M0. 670. I. The appellant makes no claim that the evidence presented was sufficient to show any derivative title in plaintiff either from a common source or from the Government, but his brief seems to indicate that he relied upon proof of prior possession under claim of right. If his evidence was sufiicient to present that question it is plain that the court erred in taking the case from the jury. Assuming that the Weiss deed was in evidence, which we may possibly do from the statement that it was offered and the fact that the record does not show that it was excluded, the other evidence consists of the testimony of plaintiff that the number of the two feet six inches of ground sued for was 7123 Virginia Avenue, that he had lived there since 1875, and had been in possession of "this lot" since 1903. If we further assume from these unintelligible statements that he had lived on the remainder of lot 7 since 187 5, and tookpossession of the two feet six inches described in his petition in 1903, and had remained there ever since, we still find nothing to indicate that he had taken possession under claim of title, or had been in any way connected with the title of Weiss or of any other claimant. This evidence, being not only unintelligible but irreconcilable, would not have justified the court in submitting to the jury the question whether or not the plaintiff had been in possession of the particular land in controversy, claiming title thereto, and had been ousted by the defendants; and it could not have done otherwise, upon the refusal of the plaintiff to proceed further, than to give the instruction which resulted in his submission to an involuntary nonsuit. II. It only remains to consider whether the court committed any...
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Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236955137
  • 9781236955135