Hedrick v. Beeler
Supreme Court of Missouri
Appeal from Schuyler Circuit Court. — Hon. Andkew Ellison, Judge. (1) In order to divest appellant of Ms legal title, the clearest evidence is required: First. That the respondent, or those claiming under him, applied for and entered the land in controversy, and, second, that appellant had notice thereof at the time of his entry.
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Appeal from Schuyler Circuit Court. — Hon. Andkew Ellison, Judge. (1) In order to divest appellant of Ms legal title, the clearest evidence is required: First. That the respondent, or those claiming under him, applied for and entered the land in controversy, and, second, that appellant had notice thereof at the time of his entry. Applications for the purchase of land were, by the act of twenty-fourth of February, 1810, required to be made in writing, describing the tract sought to be entered, and subscribed to by the applicant. U. S. Be vised Statutes, sec. 2355; 2 Public Land Laws and…
1Opinion of the CourtSherwood, P. J.
Action of ejectment in usual form commenced April 13, 1887, to recover possession of northeast quarter, southwest quarter, section’ 36, township 66, range 16, in Schuyler county. The trial was upon an answer setting up an equitable defense, ■and asking affirmative relief, alleging, in substance, that on July 30, 1856, one Robert Mercer “intended to enter, applied for, and, in fact, did enter,” at the land-office at Milan, Missouri, the lands sued for, with land warrant number 35,772, act of March 3, 1855; that, by mistake of the register of the land-office at Milan, said entry was posted on…
2Cases cited6 opinions
- Hayward, Assignee v. National InsuranceSupreme Court of Missouri · 1873
- Speck v. RigginSupreme Court of Missouri · 1867
- Widdicombe v. ChildersSupreme Court of the United States · 1888
- Eck ex rel. Taylor v. HatcherSupreme Court of Missouri · 1874
- Sensenderfer v. KempSupreme Court of Missouri · 1884
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3Cited by10 opinions
- Carstensen v. BrownWyoming Supreme Court · 1925
- Pine Lawn Bank and Trust Company v. UrbahnsMissouri Court of Appeals · 1967
- Mosher v. BaconSupreme Court of Missouri · 1910
- Doughty v. TERMINAL RAILROAD ASS'N OF ST. LOUISSupreme Court of Missouri · 1956
- Garrard v. Silver Peak MinesU.S. Circuit Court for the District of Nevada · 1897
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