Morrison v. Bomer

• Decision Date: 30 March 1906
• Citation: 195 Mo. 535,94 S.W. 524
• Parties: MORRISON v. BOMER et al.
• Court: Missouri Supreme Court

94 S.W. 524

195 Mo. 535

MORRISON v. BOMER et al.

Supreme Court of Missouri, Division No. 1.

March 30, 1906.

1. ADVERSE POSSESSION—BURDEN OF PROOF.

One claiming title by adverse possession must show it by preponderance of the evidence.

2. APPEAL—REVIEW—FINDING.

The determination of the trial court sitting without a jury as to a question of fact is conclusive on appeal.

Appeal from Circuit Court, Stoddard County; J. L. Fort, Judge.

Action by James M. Morrison against John Bomer and others. From a judgment in favor of defendants, plaintiff appeals. Affirmed.

Robert L. Wilson, for appellant. Mozley & Wammack, for respondents.

BRACE, P. J.

This is an action in ejectment to recover possession of a tract of land in Stoddard county, described in the petition. The petition is in common form. The answer a general denial. The trial was before the court without a jury. Finding and judgment for the defendants, and plaintiff appeals.

By patent, dated May 2, 1860, and duly recorded July 30, 1867, one Andrew J. Bruff acquired the legal title to the premises. On the 20th of December, 1873, by mesne conveyances from him, all duly recorded, John W. Myers and Cassander Myers, his wife, acquired Bruff's title. By sheriff's deed, dated the 13th day of September, 1887, duly executed, acknowledged, and recorded, made in pursuance of a sale on execution under a judgment of the circuit court against the said John W. and Cassander Myers for back taxes for the years 1879, 1880, 1882, 1884, and 1885, one Ligon Jones acquired the record title of the said John W. and Cassander Myers to the premises, and by mesne conveyances from him, all duly executed, acknowledged, and recorded, Thomas J. Beardsly acquired the record title of the said John W. and Cassander Myers, under which the defendants claim, and under which they went into possession of the premises in October, 1901. This suit was instituted on the 30th of January, 1902. The plaintiff introduced a chain of mesne conveyances from Myers and wife to him, made after the date of the sheriff's deed aforesaid. But as no attack is made on that deed, and the plaintiff's sole reliance is upon title by adverse possession, and as they are important only as showing color of title, and as it is undisputed that ever since the defendants and their grantors acquired title by the sheriff's deed until the institution of this suit the plaintiff and his grantors claimed title to the premises under such conveyances, they need not be set...