Rogers v. Vanderburg

• Decision Date: 13 May 1902
• Citation: 68 S.W. 340,168 Mo. 430
• Parties: ROGERS et al. v. VANDERBURG et al.
• Court: Missouri Supreme Court

68 S.W. 340

168 Mo. 430

ROGERS et al. v. VANDERBURG et al.

Supreme Court of Missouri, Division No. 2.

May 13, 1902.

EJECTMENT — EVIDENCE — CHAIN OF TITLE.

Where, in ejectment, there is no proof of common source of title or that one whose deed is introduced as a part of plaintiff's chain of title ever had any title, judgment must be for defendant.

Appeal from circuit court, Mississippi county; H. C. Riley, Judge.

Action by Fannie Rogers and others against W. F. Vanderburg and others. From a judgment for plaintiffs, defendants appeal. Reversed.

Russell & Deal, for appellants. Boone & Lee, for respondents.

SHERWOOD, J.

Ejectment for the N. W. ¼ of section 18, township 24, range 16. Answer, general denial. Plaintiffs recovered judgment. Defendants offered no evidence. There was no proof of a common source of title, nor that Theodore Owens, one of those under whom plaintiffs claim, whose deed was introduced as a link in plaintiffs' chain of title, ever had any title to the locus in controversy. Plaintiffs say that "there was testimony showing that defendant Vanderburg claims possession under a common source of title with plaintiffs, to wit, Harrison Rogers, but by an unfortunate oversight it was omitted from the bill of exceptions." Inasmuch as plaintiffs have shown no legal title to the premises in controversy, judgment reversed, and cause remanded. All concur.