Dixon v. Finnegan

• Decision Date: 31 May 1904
• Citation: 81 S.W. 449,182 Mo. 111
• Parties: DIXON et al. v. FINNEGAN et al.
• Court: Missouri Supreme Court

81 S.W. 449

182 Mo. 111

DIXON et al. v. FINNEGAN et al.

Supreme Court of Missouri, Division No. 2.

May 31, 1904.

CONTRACTS — LEASE — DESCRIPTION — ADVERSE POSSESSION.

1. A contract agreeing to lease 160 acres of land lying in M. county, state of Missouri, and situated in sections 3 and 4, township 55, range 8, was invalid as a lease for want of a sufficient description.

2. The possession of an occupant of real property under an alleged lease as the tenant of the owner cannot form the basis of title by adverse possession.

Appeal from Circuit Court, Monroe County; David H. Eby, Judge.

Partition by Matilda Dixon and others against Matilda M. Finnegan and others. From a judgment in favor of plaintiffs, defendant B. F. Finnegan appeals. Affirmed.

Jas. P. Boyd, for appellant. John C. Peirsol, for respondents.

BURGESS, J.

This is an action for the partition of 300 acres of land in Monroe county among the heirs of John Dixon, deceased, who was its own in fee at the time of his death. The defendant B. F. Finnegan is the husband of the defendant Matilda M. Finnegan, who is a daughter of said John Dixon. B. F. Finnegan, by his answer, denies the right of plaintiffs to the partition of that part of the lands described in plaintiffs' petition as lot 2 in the northwest quarter of section 3, and lot 2 in the northeast quarter of section 4, in township 55, range 8, and sets up as a defense that he was in the actual possession thereof, and had been since March 1, 1894, under and by virtue of a written lease entered into on September 7, 1894, by the terms of which he leased and rented from John Dixon, deceased, for a term of 10 years, beginning on said 1st day of March, 1894, and ending on March 1, 1904, and further claimed the title thereto by virtue of said lease adversely to plaintiffs. Defendants' answer admits that John Dixon, deceased, was the common source of title to said lands, as alleged in plaintiffs' petition. The court found that there was no lease, that the land was not susceptible of division, and ordered it sold for cash, the proceeds arising from such sale to be divided between the parties according to their respective interests. Defendant B. F. Finnegan, appellant, after the usual and necessary motions, exceptions, and proceedings brings the case to this court on appeal.

The written lease referred to in the answer is as follows:

                     "Indian Creek, Mo., Sept. 7th 1894
                

"Article of agreement by and between John Dixon of Indian Creek, Monroe County, Missouri, party of the first part, and B. F. Finnegan, of the county and State aforesaid, party of the second part.

"Witnesseth, that in consideration of one hundred...