90 Mo. 473 | Mo. | 1886
This is an action of ejectment to recover possession of a strip of land of the width of about three feet off of the north side of lot fifty-three, in McGee’s addition to the City of Kansas. It appears from the record that both parties claim through one I. W. Thompson as the common source of title. Plaintiff, Belle H. Wilson, by various mesne conveyances, which were put in evidence, became, in 1881, the owner of lot
This does not seem to be seriously controverted by the defendant, but it is insisted upon by him that, from 1870 up to the time suit was brought, he was in the open, notorious, adverse possession of the strip, claiming that the fence was on the true line. While there was evidence tending to show this, there was also evidence tending to show that the fence was placed where it was in ignorance of the true line, as Mrs. Goodman testified, that in 1883, defendant, Richards, said that he and Goodman (who was plaintiff’s grantor) had set the fence where they supposed the true line was, and .that Richards, upon then being asked by the witness, if he intended to claim more land than his lot, gave no answer. Goodman also testified, that he had made no arrangement with Richards concerning the line, and had had no occasion to agree or dispute about it, as Richards had occupied both lots most of the time, having rented from him lot fifty-three. The judgment was for the plaintiffs. The cause was tried by the court sitting as a jury, on the theory, as shown by the instructions that were given, that if the fence was placed, in 1870, where it was, in ignorance of the true dividing line, and there was no intention on the part of defendant, Richards, to claim beyond said line, and that Rich
Judgment affirmed,