Davis v. Sloan

• Citation: 5 S.W. 702,95 Mo. 552
• Parties: DAVIS and others v. SLOAN and others.
• Decision Date: 14 November 1887
• Court: United States State Supreme Court of Missouri

5 S.W. 702

95 Mo. 552

DAVIS and others v. SLOAN and others.

Supreme Court of Missouri.

November 14, 1887.

QUIETING TITLE — PLAINTIFF OUT OF POSSESSION CLAIMING LEGAL TITLE.

Plaintiffs, being out of possession of certain real estate, and claiming to hold the legal title, filed a bill to remove a cloud on the title and to recover possession. Held, that they could not invoke equitable jurisdiction to remove a cloud on such a title.¹

Appeal from circuit court, Washington county; JOHN I. THOMAS, Judge.

Carter, Dinning & Byrnes, for appellant. John F. Bush, for respondent.

NORTON, C. J.

This is a proceeding in equity to remove a cloud on plaintiffs' title to certain land in the petition described, and to recover possession of the same. On the trial judgment was rendered for defendants, from which plaintiffs have appealed. It appears from the averments in the petition that the legal title to the land in question was in plaintiffs, and that, at the time the bill was filed, they were out of possession, and that defendants were in possession. The judgment must be affirmed, on the ground that a party claiming the legal title and being out of possession connot invoke equitable jurisdiction to remove a cloud on such title. Keane v. Hyne, 66 Mo. 216; Clark v. Insurance Co., 52 Mo. 272; Magwire v. Tyler, 47 Mo. 115; Janney v. Spedden, 38 Mo. 395.

(All concur.)

1. Concerning the necessity of the possession of plaintiff to maintain an action to quiet title, see Gage v. Curtis, (Ill.) 14 N. E. Rep. ___, and note.