76 Mo. 106 | Mo. | 1882
This is a suit in ejectment to recover the possession of land in Bates county. The petition is in the usual form. The answer, besides containing a general denial, sets up byway of defense, open, notorious, continuous, adverse possession for ten years before suit brought, and also that defendant had purchased the land for taxes, and that his tax deed had been recorded more than three years before the commencement of the suit. Plaintiff obtained judgment on the trial, from which defendant has appealed, and the errors assigned are that the court erred in admitting improper evidence and in giving improper and refusing proper instructions.
Plaintiff, in support of his title, read in evidence the certificate of the register of the land office showing that Joseph M. Beckner entered the land sued for in 1856, and also a patent issued in pursuance of said entry. In further support of his title he offered in evidence the following deeds: Deed from said Beckner and wife, acknowledged
And as it appears from any view that can be taken of the legal effect of the deeds in evidence that plaintiff did not have the legal title when he commenced his suit, the court erred in telling the jury that he could recover on the case made by the certificate, patent and deeds.
Judgment reversed and cause remanded.