City of Kirksville v. Young, 43089
| Decision Date | 10 November 1952 |
| Docket Number | No. 43089,No. 1,43089,1 |
| Citation | 252 S.W.2d 286 |
| Parties | CITY OF KIRKSVILLE v. YOUNG et al |
| Court | Missouri Supreme Court |
Roland A. Zeigel, Kirksville, Jayne & Jayne, Kirksville, for appellants.
A. D. Campbell, J. P. Painter, Philip J. Fowler, Wm. C. Frank, Geo. J. England and Russell D. Roberts, City Atty., City of Kirksville, all of Kirksville, for plaintiff-respondent.
LOZIER, Commissioner.
Plaintiff-respondent (herein called plaintiff) sued to determine title to real estate. The trial court found for plaintiff and defendants-appellants (herein called defendants) appealed.
The petition alleged that plaintiff was the fee simple owner of a described 50 acre tract (herein sometimes called 'the tract'); that plaintiff and its predecessors in title had been in adverse, open and notorious possession of the tract since September 2, 1933; that defendants claimed some title or interest, the nature and character of which plaintiff had no knowledge, except that the claim was adverse and prejudicial to plaintiff. Plaintiff prayed that the court 'try, ascertain and determine the estate, title and interest of the parties * * *, and to define and adjudge by its decree that plaintiff is the fee simple owner * * *, and that defendants, nor either of them, or any one for them or in their behalf, have any right, title or interest * * *, and that they be forever enjoined and restrained from asserting, claiming or setting up any right, title or interest * * *, and for such other and further orders as may be proper.'
Defendants' answer: Denied that plaintiff was the fee simple owner; admitted that they claimed some title and interest; denied that plaintiff did not know the nature of their interest and alleged that plaintiff knew that they claimed to be fee simple owners; alleged that they were the fee simple owners and that plaintiff had no right, title or interest. Defendants prayed the court to 'try, ascertain and determine the estate, title and interest of the parties * * * and to define and adjudge by its decree that defendants are the' fee simple owners 'and that plaintiff has no right, title or interest thereto and for all proper relief in the premises.'
Defendants claimed legal title under a 1914 warranty deed from I. N. McDonough to defendant Clint Young and his brother William Young. The other defendants are either William's heirs or spouses of such heirs. The 1914 deed conveyed approximately 592 acres, including the 50 acre tract instantly involved. By warranty deed dated September 2, 1933, Clint and William Young conveyed to George M. Laughlin lands adjoining the tract on the south and east. Adjoining the tract on the north were the Luman and Darnell lands, and on the west, the Morrow-McIntosh land. In the 1933 Young-Laughlin deed, the west 40 acres of the tract were not mentioned and the east 10 acres were expressly excepted. Laughlin died in 1948. In December, 1949, his heirs quitclaimed the tract to plaintiff city.
Mrs. Denslow, daughter of Laughlin, age 37 at trial time, testified that: Her father had used the tract in farming operations from September, 1933, until his death in 1948, and that thereafter his heirs continued to use it until they deeded it to the city; their cattle had 'roamed back and forth' since 1933; there had been no fences on the tract's south and east sides; there was a fence on the north, next to the Luman land; her father was grazing cattle on the tract all the time; he pastured either sheep or goats one year and cattle a good many years; she did not know of any other livestock ever being pastured on the tract except that of her father or his heirs; the entire Laughlin farm was rough land; over a period of years her father had men ; the tract was cleared just the same as the adjoining land owned by her father who paid for the labor for the clearing; after September, 1933, her father had full use and exercised full control of the tract; so did his heirs after his death; and she had never known of any person other than her father and his heirs exercising any control over the tract.
Earl Ogle testified that he had worked on the Laughlin farm since 1934 and was familiar with all of the land of which Laughlin had possession, including the 50 acre tract; there were fences between the tract and the Luman and Darnell lands on the north and the Morrow-McIntosh land on the west; after Laughlin received the Young deed, witness had rebuilt these fences and had repaired them many times; during all that time the tract was not fenced on either the east or the south; Laughlin had either cattle or sheep on the tract all of the time after witness began working for him in July, 1934; witness had since continuously worked on the Laughlin farm; the Laughlin farm had been in the possession of Laughlin's heirs since his death; witness cleared the brush and then mowed the tract and had supervision of the other men that helped clear the tract; they cleared it all; most of the 'big stuff' was cut in 1933 before witness began working for Laughlin; the following year they cut down the stumps and brush and then mowed it from then on; witness never knew of anyone, other than Laughlin and his heirs, running stock on, or being in possession of, the tract; and 'he (Ogle) was supposed to be looking after it' all those years.
Receipts for payment of taxes on the tract for the years 1933-1950, both...
To continue reading
Request your trial
-
Staples v. O'Reilly, 7395
...Mathews v. City of Kansas, 80 Mo. 231, 235.13 Section 510.310(4); Barker v. Allen, Mo., 273 S.W.2d 191, 192(2); City of Kirksville v. Young, Mo., 252 S.W.2d 286, 288(2); Gabel-Lockhart Co. v. Gabel, 360 Mo. 518, 229 S.W.2d 539, 542(1); Lowther v. Hays, Mo., 225 S.W.2d 708, 713(1); Stephenso......
-
White v. Wilks
...was (1) actual, (2) hostile, i. e., under claim of right, (3) open and notorious, (4) exclusive, and (5) continuous. City of Kirksville v. Young, Mo.Sup., 252 S.W.2d 286.' Feinstein v. McGuire, Mo.Sup., 297 S.W.2d 513, 515. Whenever any of these elements is lacking no title can ripen by adv......
-
Terry v. City of Independence
...period of ten years (RSMo 1959, Sec. 516.010) and by reason thereof an easement or a city street by adverse possession. City of Kirksville v. Young, Mo., 252 S.W.2d 286; California Special Road Dist. v. Bueker, Mo.App., 256 S.W. 98. There is no evidence that the initial use and occupancy by......
-
Szombathy v. City of Berkeley
...either adverse use and occupancy or dedication that this court should disturb the trial court's finding and decree. City of Kirksville v. Young, Mo., 252 S.W.2d 286,288. The fact was that in 1920 the Szombathys owned a rectangular tract of land in Berkeley consisting of six acres. The south......