"Now on this day comes the defendant, and for answer to plaintiff's petition admits that she has a deed of record to the lands described in the plaintiff's petition and that she is claiming title to the said lands.
"Further answering, the defendant denies each and every other allegation in the plaintiff's petition.
"Further answering, the defendant says that the plaintiff's cause of action, if any ever existed in his behalf, accrued more than 10 years prior to the date of the filing of his petition and that the plaintiff is debarred from asserting any right, title, or interest in or to said land, by reason of the 10-year statute of limitations of the state of Missouri. That the defendant, and those under whom she claims title, have been in the lawful occupancy and possession of lands described in plaintiff's petition under color of title to said premises, and claiming title thereto, exclusive and hostile to the plaintiff's title, and that her claim of title has been made in good faith, believing that she had a good title to said lands, and that her occupation and possession has been actual, peaceable, continuous, uninterrupted, notorious, and hostile to any other right or title to said lands for a period of 10 years prior to the commencement of this action, and during all that time the defendant claimed title to said lands by deeds and color of title duly recorded upon the deed records of Dent county, Mo., and over that part of said lands not in the actual possession of the defendant she has exercised the usual and customary acts of ownership as are usually exercised over that character and kind of land in the vicinity where the said lands are located. That the defendant is the owner of the entire section 21, township 32 north, range 6 west, and that the said section constitutes one tract of land and has been conveyed as one tract of land to the defendant and under those whom the defendant claims title and was conveyed as one tract of land prior to the date of the entrance of the defendant into the possession thereof, and that the defendant has had the actual, open, notorious, hostile, adverse, and continuous possession of a portion of said tract of land for more than 10 years prior to the date of the filing of plaintiff's petition, and she has exercised the usual and customary acts of ownership over the remainder of the said tract of land, during the said period, that are generally exercised over that kind and character of land in the vicinity where said lands are located, and that she has protected the said lands against trespassers, paid the taxes thereon, and performed every other act of ownership.
"The defendant further avers that the title to all of said section 21 emanated from the United States government more than 10 years prior to the date of the filing of plaintiff's petition, and that the defendant has been in the actual and lawful possession of a portion of said lands for more than 1 year prior to the date of the filing of plaintiff's petition under color of title by deeds, duly recorded upon the deed records of Dent county, and under which she was claiming title to said lands, and that the defendant has been in the actual and lawful possession of a portion of the lands described in the plaintiff's petition for more than 1 year prior to the time of the filing of plaintiff's petition and claiming the same under color of title and exercising over that portion of land not in possession the usual and customary acts of ownership exercised over that kind and character of land in the vicinity where said land is located, and that neither the plaintiff, nor any person or persons, by, through, or under whom they claim, or might claim, title, nor any person or persons claiming title by, through, or under the plaintiff, or who might be claiming by, through, or under the plaintiff, have been in the actual possession of the said lands for more than 31 years prior to the date of the filing of plaintiff's petition, nor have they during said period paid any taxes thereon. That the plaintiff's cause of action, if any he had, accured more than 31 years prior to the date of the filing of his petition, and he is debarred from asserting or claiming any right, title, or interest in or to said lands.
"Defendant further states that on the 27th day of June, 1893, John R. Callahan and the
plaintiff were partners engaged in the business of buying and selling tax lands, and that the plaintiff herein was a silent partner, and the title to all of said lands were taken in the name of the said John R. Callahan and held in title for himself and the plaintiff, and that the lands described in the plaintiff's petition, and other lands, were purchased by the said John R. Callahan at tax sales and plaintiff paid the purchase money, with the understanding and agreement between himself and the said John R. Callahan that the title should be taken in the name of the said John R. Callahan and when the lands were sold the proceeds thereof were to be divided between the plaintiff and the said John R. Callahan. That on the said 27th day of June, 1893, the said John R. Callahan sold the said lands described in plaintiff's petition to H. O. Balch, and made, executed, and delivered to the said H. O. Balch a warranty deed fully describing said lands, and the said H. O. Balch paid for said lands, and the proceeds thereof were divided between the plaintiff and the said John R. Callahan. That the plaintiff and John R. Callahan paid the taxes on the said lands up to and including the year 1922, and that neither the said John R. Callahan nor plaintiff have paid any taxes on said lands thereafter. That the deed made by the said John R. Callahan to H. O. Balch was a general warranty deed with full covenants and warranties of title. That by reason of the acts of the plaintiff and said John R. Callahan, as aforesaid, the plaintiff is now estopped from asserting any claim, right, title, or interest in or to the lands described in his petition.
"Wherefore the defendant prays the court to ascertain and determine and find the title to said lands and divest the plaintiff of all claim or title thereto, and vest the same in the defendant, and perfect the plaintiff's (defendant's) record title to said lands, and for other proper relief."
"Now comes the plaintiff, and for replication to defendant's answer denies that the said defendant, or any person under whom she claims, has ever had possession of any part of the east half of section 21, township 32, range 6, or has done any act by which she or they have acquired any title by limitation.
"On the other hand, the plaintiff states that the only act done by the defendant, or those under whom she claims, was to sell some of the timber growing on said land, and authorizing other parties to go on and cut and remove the same, and that the acts done under such arrangement were merely a trespass and would not give the defendant any title whatever to the land.
"Plaintiff denies that the east half of said section and the west half are one and the same tract, and, upon the other hand, he states that they never have been owned by the same person.
"Plaintiff admits that the west half of said section was bought by J. R. Callahan and himself, and the deed taken thereto jointly in about the year 1879, but alleges that he sold his interest therein to the said Callahan and made him a quitclaim deed therefor.
"Plaintiff denies that he was ever in partnership with John R. Callahan in the buying and selling of tax lands. He admits that the said Callahan did buy some land and took the deeds in his own name, for which plaintiff paid part of the purchase price on sale for taxes, but as to whether the east half of section 21 was a tract so purchased by said Callahan plaintiff is unable to find any record showing whether such is true or not, but he states to the court that if he did furnish any portion of the money to buy the said east half of section 21, he sold out his interest therein to the said John R. Callahan before his deal thereon was had with H. O. Balch, and that if the said Callahan made a warranty deed to the said Balch, he did it of his own accord and without any authority or suggestion from this plaintiff.
"This plaintiff had nothing whatever to do with the transaction alleged in defendant's answer regarding the sale of said land to the said Balch and doesn't know what consideration the said Callahan received therefor, but he does know and states that he made no guaranty, either oral or written, to the said Balch as to the title of said land, or anything in regard thereto.
"Plaintiff further says that, at the time of the transaction between the said Callahan and the said Balch, the said east half of section 21 was the property of one MacGrane...
