dangerous doctrine in Missouri

1903All the authorities agree that the acts of possession must be visible and continuous for the requisite period in order to create the bar. [Sedgwick and Wait on Trial of Title to Land, secs. 735, 737.] It is not required that an act of possession should be done every day or month or at any definite intervals, 'but they should be of such frequency and character as would at all times apprise the owner ‘that his seizin was interrupted, and that his' title may be endangered. ’ ‘It would be a new and dangerous doctrine,’ says Hough, J., in Turner v. Hall, 60 Mo. 275 , ‘to hold that a possession unde

1894It is not required that an act of possession should be done every day or month or at any definite intervals, but they should be of such frequency and character as would at all times apprise the owner “that his seizin was interrupted, and that his title maybe endangered.” “It would be a new and dangerous doctrine,” says Hough, J., in Turner v. Hall, 60 Mo. 275 , “to hold that a possession under color of title may be discontinued after a year, or a month, or a week, and that thereafter the constructive possession of the land would follow the color of title instead of the true title.” Judge Bliss

1903All the authorities agree that the acts of possession must be visible and continuous for the requisite period in order to create the bar. [Sedgwick and Wait on Trial of Title to Land, secs. 735, 737.] It is not required that an act of possession should be done every day or month or at any definite intervals, 'but they should be of such frequency and character as would at all times apprise the owner ‘that his seizin was interrupted, and that his' title may be endangered. ’ ‘It would be a new and dangerous doctrine,’ says Hough, J., in Turner v. Hall, 60 Mo. 275 , ‘to hold that a possession unde

1894It is not required that an act of possession should be done every day or month or at any definite intervals, but they should be of such frequency and character as would at all times apprise the owner “that his seizin was interrupted, and that his title maybe endangered.” “It would be a new and dangerous doctrine,” says Hough, J., in Turner v. Hall, 60 Mo. 275 , “to hold that a possession under color of title may be discontinued after a year, or a month, or a week, and that thereafter the constructive possession of the land would follow the color of title instead of the true title.” Judge Bliss

1960When the issue is raised by a proper plea, as was done in the instant case, the court should look behind the mere ingenuity of pleading, and scrutinize the facts to ascertain the propriety of the joinder of the defendants.” Diehr v. Carey, 238 Mo.App. 889 , 191 S. W.2d 296, 300 .

1960When the issue is raised by a proper plea, as was done in the instant case, the court should look behind the mere ingenuity of pleading, and scrutinize the facts to ascertain the propriety of the joinder of the defendants.” Diehr v. Carey, 238 Mo.App. 889 , 191 S. W.2d 296, 300 .

1949As said by Hough, J., in Turner v. Hall, supra, 60 Mo. at page 275 , "It would be a new and dangerous doctrine, to hold that a possession under color of title, may be discontinued after a year, or a month, or a week, and that, thereafter, the constructive possession of the land would follow the color of title instead of the true title." [4] The record is equivocal in showing defendants-appellants constitute all of the children (or their descendants) of Catherine M.

1918The 'burden is upon the defendant to fix the time when he began to hold adversely to the true title. [Missouri Lumber & Mining Company v. Jewell, 200 Mo. 707, 716 ; Hunnewell v. Adams, 153 Mo. 440 ; McCune v. Goodwillie, 204 Mo. 306, 339 , and cases cited.] There can .be nothing clandestine or stealthy about adverse possession. [Meier v. Meier, 105 Mo. 411, 431 .] As we have said in this case (Hynds v. Hynds, 253 Mo. 20, 33 ) “to establish such possession in favor of one cotenant, as against another, there must be such outward acts of exclusive ownership as to impart notice of adverse possessi

1918The 'burden is upon the defendant to fix the time when he began to hold adversely to the true title. [Missouri Lumber & Mining Company v. Jewell, 200 Mo. 707, 716 ; Hunnewell v. Adams, 153 Mo. 440 ; McCune v. Goodwillie, 204 Mo. 306, 339 , and cases cited.] There can .be nothing clandestine or stealthy about adverse possession. [Meier v. Meier, 105 Mo. 411, 431 .] As we have said in this case (Hynds v. Hynds, 253 Mo. 20, 33 ) “to establish such possession in favor of one cotenant, as against another, there must be such outward acts of exclusive ownership as to impart notice of adverse possessi

1918The 'burden is upon the defendant to fix the time when he began to hold adversely to the true title. [Missouri Lumber & Mining Company v. Jewell, 200 Mo. 707, 716 ; Hunnewell v. Adams, 153 Mo. 440 ; McCune v. Goodwillie, 204 Mo. 306, 339 , and cases cited.] There can .be nothing clandestine or stealthy about adverse possession. [Meier v. Meier, 105 Mo. 411, 431 .] As we have said in this case (Hynds v. Hynds, 253 Mo. 20, 33 ) “to establish such possession in favor of one cotenant, as against another, there must be such outward acts of exclusive ownership as to impart notice of adverse possessi

1918The 'burden is upon the defendant to fix the time when he began to hold adversely to the true title. [Missouri Lumber & Mining Company v. Jewell, 200 Mo. 707, 716 ; Hunnewell v. Adams, 153 Mo. 440 ; McCune v. Goodwillie, 204 Mo. 306, 339 , and cases cited.] There can .be nothing clandestine or stealthy about adverse possession. [Meier v. Meier, 105 Mo. 411, 431 .] As we have said in this case (Hynds v. Hynds, 253 Mo. 20, 33 ) “to establish such possession in favor of one cotenant, as against another, there must be such outward acts of exclusive ownership as to impart notice of adverse possessi

1918The 'burden is upon the defendant to fix the time when he began to hold adversely to the true title. [Missouri Lumber & Mining Company v. Jewell, 200 Mo. 707, 716 ; Hunnewell v. Adams, 153 Mo. 440 ; McCune v. Goodwillie, 204 Mo. 306, 339 , and cases cited.] There can .be nothing clandestine or stealthy about adverse possession. [Meier v. Meier, 105 Mo. 411, 431 .] As we have said in this case (Hynds v. Hynds, 253 Mo. 20, 33 ) “to establish such possession in favor of one cotenant, as against another, there must be such outward acts of exclusive ownership as to impart notice of adverse possessi

1911No doctrine is better settled than that which maintains that if a person convey to another property for a fraudulent purpose, the grant- or cannot plead his wrongful and fraudulent act in an action to recover the property from the grantee. [Brown’s Admr. v. Finley, 18 Mo. 375 ; Hamilton v. Scull’s Admr., 25 Mo. 165 ; Larimer v. Tyler, 88 Mo. 661 .] It occurs to us that it would be a dangerous doctrine to say that a trustee, knowing the character of the trust, but vested with the legal title, could pass that legal title to a purchaser, likewise knowing the character of the trust, and by such co

1911No doctrine is better settled than that which maintains that if a person convey to another property for a fraudulent purpose, the grant- or cannot plead his wrongful and fraudulent act in an action to recover the property from the grantee. [Brown’s Admr. v. Finley, 18 Mo. 375 ; Hamilton v. Scull’s Admr., 25 Mo. 165 ; Larimer v. Tyler, 88 Mo. 661 .] It occurs to us that it would be a dangerous doctrine to say that a trustee, knowing the character of the trust, but vested with the legal title, could pass that legal title to a purchaser, likewise knowing the character of the trust, and by such co

1911No doctrine is better settled than that which maintains that if a person convey to another property for a fraudulent purpose, the grant- or cannot plead his wrongful and fraudulent act in an action to recover the property from the grantee. [Brown’s Admr. v. Finley, 18 Mo. 375 ; Hamilton v. Scull’s Admr., 25 Mo. 165 ; Larimer v. Tyler, 88 Mo. 661 .] It occurs to us that it would be a dangerous doctrine to say that a trustee, knowing the character of the trust, but vested with the legal title, could pass that legal title to a purchaser, likewise knowing the character of the trust, and by such co

1884Courts of equity can not dispense with the regulations prescribed by statute; for otherwise equity would in effect defeat the very policy of legislative enactments. * * * If courts of equity should hold that an inquiry maybe made as to what were the causes which prevented a compliance with the statute by the proper execution of an agreement for adoption, it would be a most dangerous doctrine, and would be in effect permitting that which the statute requires should be in writing to be shown by parol ; thus allowing estates to be distributed upon what might be shown by parol to have been the int