Miller v. Early

Decided April 15, 1877

Supreme Court of Missouri · decided 1877-04-15

This is an action of ejectment, brought by some twenty plaintiffs who are either heirs or grantees of heirs of Richard Caulk, deceased, to recover forty acres of land in Franklin county. On the trial, the plaintiffs showed title to the premises in themselves. The defendant having pleaded the statute of limitations as a bar to the action, showed possession for more than the period of limitations.

Relies on Miller v. Bledsoe

Decided 1877-04-15

Henry, Judge,

¶1delivered the opinion of the court.

¶2The identical questions presented by the record herein were determined in this court in the case of Miller vs. Bledsoe. (61 Mo. 96.)

¶3The only difference in the facts of the two cases, is, that in Miller vs. Bledsoe, Alton Long made a deed of bargain and sale, with the usual warranty, to one Hendricks, for the land in controversy in that suit, and in this, Alton Long and wife, and afterwards their heirs, conveyed the forty acres in dispute, in the case at bar, to one Boatright, who conveyed to Whitsett, who conveyed to defendant.

¶4Both tracts were included in the patent from the United States to Richard Caulk’s heirs.

With the concurrence of the other judges,

¶5the judgment is.reversed and the'cause remanded.