Section 24 Proof of Title

• Library: Real Estate Fundamentals 2011

When the plaintiff and the defendant both claim under a common source of title or a common ancestor, proof of title of the common ancestor or common source does not need to be made. Riley v. O’Kelly, 157 S.W. 566, 568–69 (Mo. 1913). When, however, one party proves title back to the common source and the other does not, the decree must be for the one proving title. Kirkwood Realty, Ins. & Adjustment Co. v. Henry, 162 S.W.2d 600, 602 (Mo. 1942). In uncontested cases, prima facie proof of ownership can be made...