Zimmerman v. First Nat. Bank of Brunswick
| Decision Date | 04 March 1918 |
| Docket Number | No. 19133.,19133. |
| Citation | 201 S.W. 852 |
| Parties | ZIMMERMAN v. FIRST NAT. BANK OF BRUNSWICK et al. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Chariton County; Fred Lamb, Judge.
Partition by Milton Zimmerman against the First National Bank of Brunswick and others. Judgment for defendants, and plaintiff appeals. Affirmed.
Benecke & Benecke, of Brunswick, for appellant. John D. Taylor, of Keytesville, for respondents.
I. Suit to partition 20 acres of timber land, uninclosed, lying in the Grand river bottom, in Chariton county, in which plaintiff claims a two-twelfths interest. The case was tried by the court without a jury, and judgment rendered for defendants, from which plaintiff appealed.
The record discloses that in May, 1878, J. A. Zimmerman and wife conveyed the 20 acres in controversy, together with other land, to his three sons, Milton (the plaintiff), W. F., and J. B. Zimmerman. They held the title until 1881, when they made a reconveyance to their father, which plaintiff claims did not contain the land in suit; the defendants claiming it did. That deed was never recorded, and was not produced at the trial. In January, 1890, J. A. Zimmerman conveyed, by separate deeds, the said undivided one-half interest to his sons J. B. and W. F. Zimmerman. These deeds appear of record. The two brothers held the land as tenants in common until May 10, 1909, when J. B. Zimmerman conveyed his half interest to the First National Bank of Brunswick.
The evidence shows that the taxes on the land were paid by the father, J. A. Zimmerman, until 1890, from then until 1909 they were paid by J. B. and W. F. Zimmerman, and from 1909 to the present time by W. F. Zimmerman and the First National Bank. The evidence also tends to show that plaintiff, about the time of the reconveyance to his father removed from the vicinity of the land to another farm, distant about eight miles, and that he claimed no interest in the land in question until about the time of the institution of this suit; that the land is uninclosed timber, lying in the river bottom and subject to overflow; that it has been used principally by the Zimmerman family as a source of firewood.
The court gave all the declarations of law requested by plaintiff, except a peremptory one to find the issues for him, and thereupon found the facts in issue for defendants.
II. There is no doubt as to the correctness of the legal principles asserted in the learned brief for the appellant, to the effect that the statute of limitations...
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Hahn v. Keith
...is necessary. Lecroix v. Malone, 157 Ala. 434, 47 South. 725;Hynds v. Hynds, 274 Mo. 123, 202 S. W. 387;Zimmerman v. First Nat. Bank of Brunswick (Mo.) 201 S. W. 852. The defendants ought not to be penalized for their continued charitable permission. The case cited in the majority opinion o......
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Russell v. Russell
...that an adverse possession is asserted against him the statute of limitations does not commence to run. Zimmerman v. First National Bank of Brunswick, 201 S.W. 852, 853(1) (Mo.1918). 'The possession is not adverse until there exists in the mind of the possessor the intent and determination ......
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