Skillman v. Clardy
Decision Date | 03 March 1914 |
Docket Number | No. 16,559.,16,559. |
Citation | 256 Mo. 297,165 S.W. 1050 |
Parties | SKILLMAN et al. v. CLARDY. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, Butler County; J. C. Sheppard, Judge.
Action by Mary Cornelia Skillman and others against Martin L. Clardy. From a judgment for defendant, plaintiffs appeal. Affirmed.
S. C. Rogers, of St. Louis, and C. M. Skillman, for appellants. N. A. Mozley, of Bloomfield, for respondent.
From a judgment of the Butler circuit court in favor of defendant, quieting title in him to a quarter section of land, plaintiffs appeal.
The petition reads: Admitting that defendant claims some interest and title, and averring that his title is in fee simple, the answer goes on to plead estoppel generally through laches, and then turns the tables on plaintiffs by alleging that defendant is the owner in fee simple of the real estate in controversy, and that plaintiffs claim some right or interest therein, the precise character of which defendant says he does not know, except that such pretended claim is adverse to him, wherefore his prayer (mutatis mutandis) is the same as plaintiffs'. The reply was a general denial.
The cause was treated, nisi, as in equity. It was stipulated in open court that one Samuel B. Hamilton is the common source of title. The following sufficiently outlines the case, to wit: One Samuel R. Hamilton, a citizen of Ohio, owned the land and died intestate in 1876, leaving Samuel B. his only son and heir and Abigail Maria his widow. Abigail Maria died in 1888, her dower estate for life falling in at that event. The title became vested in Samuel B. by descent cast on the death of his father. Samuel B. died in 1899, intestate, leaving surviving him three children; his wife, Rebecca, having died in 1894. Those children (and his only heirs) were Mary Cornelia, Anna Eliza, and Hannah Maria, two of whom married, and the three (with the husbands of those married) are plaintiffs in the instant case. Their title, if any, is by descent cast on them as heirs of Samuel B. There is no question of the statute of limitations, the land being wild. In 1890 a judgment was rendered against the land for taxes of 1887 and 1888 in a suit then pending in the Stoddard circuit court in favor of the collector of that county against "Samuel B. Hamilton and Rebecca Hamilton, his wife, Abigail Hamilton, widow of Samuel R. Hamilton, deceased, and Andrew Hamilton, defendants." Andrew Hamilton (a collateral kinsman) had no title at any time, and was dead at the time suit was brought. On that judgment execution issued in January, 1891, and in March of that year a sale was made under the sheriff's hammer to Ligon...
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