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University of Missouri Bulletin Law Series

Authors

James L. Parks

Document Type

Article

Abstract

In Neal v. Bryant: plaintiff brought a statutory action to determine and quiet title to a parcel of land known as the "Leazenby land". Defendant claimed title as residuary devisee under the will of plaintiff's father, Joseph Bryant. Testator had executed the will under which defendant claimed on July 9, 1915, and had acquired title to the land in suit on January 25, 1916. When testator obtained the land, he did not go into possession himself, but put plaintiff in possession, telling plaintiff and other that the land was not his but plaintiff's. At all times thereafter plaintiff was possessed of the land. She asserted dominion over it just as if she were an obsolute owner, rented some of it and used other portions for her own benefit. In December, 1916, plaintiff wrote to testator asking him to advance her some money, but he, by letter, refused, stating: "I have given you the Leazenby land, and it is yours forever for your own personal benefit, and I think that is help enough now." Upon testator's death defendant claimed the land and plaintiff thereupon brought this action.

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