Home/Supreme Court of Missouri/Krumm v. Streiler

Krumm v. Streiler

313 S.W.2d 680, 1958 Mo. LEXIS 698
CourtSupreme Court of Missouri
DecidedJune 9, 1958
DocketNo. 46330
StatusPublished
Cited by9 cases

This text of 313 S.W.2d 680 (Krumm v. Streiler) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krumm v. Streiler, 313 S.W.2d 680, 1958 Mo. LEXIS 698 (Mo. 1958).

Opinion

HOLLINGSWORTH, Presiding Judge.

This case arises out of a dispute between plaintiff and defendant as to the location of the boundary line between plaintiff’s farm lying to the north of that line and defendant’s farm lying to the south thereof, both in Perry County, Missouri. Plaintiff sued to quiet title to his entire farm, allegedly containing 61.41 acres, in which he set forth claim of ownership in fee simple to a specifically described tract. In reality, however, the only portion of the land in dispute is a narrow, irregular strip of land adjacent to a creek meandering in a general east-west direction in close proximity to the boundary line respectively asserted by each of the parties. The petition prayed ascertainment of title, a decree adjudging plaintiff to be the fee simple owner of the farm as described in his petition, and a permanent injunction against defendant from asserting any right or title whatever to any portion thereof. Defendant, by his answer, neither affirmed nor denied plaintiff’s ownership of land described in the petition, but asserted that there was, and for more than fifty years had been, a fence between their respective farms and that he and his predecessors in title had openly and exclusively possessed and asserted under hostile claim of ownership title to all of the land to the south of said fence and thereby had acquired title by adverse possession to all of the land south of said fence, and prayed a decree to the effect and an r injunction against plaintiff from asserting ownership thereof.

Trial of these issues to the court resulted in the court’s finding the facts to be as alleged in defendant’s answer and decreeing defendant to be the owner of the land south of said fence, specifically describing it as set forth in the deed received by defendant from his immediate predecessor in title, as corrected by a subsequent deed. Plaintiff has appealed. Title to real estate is involved, vesting this court with jurisdiction of the appeal. Klaar v. Lemperis, Mo., 303 S.W.2d 55, 56; Grimes v. Armstrong, Mo., 304 S.W.2d 793, 796.

Plaintiff’s claim of title to the land described in his petition is founded upon the deed executed and delivered to him in November, 1923, by his immediate predecessor in title, William G. Dippold. In 1955, at the instance of plaintiff, Raymond Donze, 'a qualified surveyor, made a survey and prepared a plat of plaintiff’s farm. That survey and plat were made by Donze after examination of plaintiff’s deed, the survey and conveyance records of Perry County and from information gleaned from plaintiff and others, especially Albert Cour-tois, whose farm lay to the east of plaintiff. The plat of that survey, Exhibit “A”, was introduced in evidence by plaintiff and a photographic copy thereof is here shown:

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Bluebook (online)
313 S.W.2d 680, 1958 Mo. LEXIS 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krumm-v-streiler-mo-1958.