Palmer v. Jones
Supreme Court of Missouri
Appeal from Butler Circuit Court. — So». J. L. Fort, Judge. (1) The State is never included in any act of limitation unless expressly named, and is not barred by it. Nullum tempus occurrit republicae is a maxim of our law. Parks v. State, 7 Mo. 196; Sttate v. Fleming, 19 Mo. 607; 1 Wood, Lim.
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Appeal from Butler Circuit Court. — So». J. L. Fort, Judge. (1) The State is never included in any act of limitation unless expressly named, and is not barred by it. Nullum tempus occurrit republicae is a maxim of our law. Parks v. State, 7 Mo. 196; Sttate v. Fleming, 19 Mo. 607; 1 Wood, Lim. (2 Ed.), sec.' 52, p. 109'; Lindsay v. Miller, 6 Pet. 666; U. S. v. Knight, 14 Pet. 301; Gibson v. Chouteau, 13 Wall. 92; U. S. v. Thompson, 98 U. S. 486; U. S. v. Railroad, 118 U. S. 125. (2) Counties are mere subdivisions of the State for governmental purposes, and there can be no doubt about the power…
1Opinion of the CourtBurgess, J.
This is an action of ejectment for the possession of lot four of the southwest quarter of section twenty-nine, township twenty-two north, range eight east, in Butler county. The petition is in the usual form; the answer, a general denial. The trial resulted in a judgment for'defendant, from which plaintiff, after unsuccessful motion for new trial, appeals.
The land in question is what is known as swamp land, and was patented to Butler county by the State of Missouri on the 17th day of February, 1870. Plain*165tiffs showed paper title in themselves through mesne conveyances, from said county.…
2Cases cited5 opinions
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903
- F. G. Oxley Stave Co. v. Butler CountySupreme Court of Missouri · 1894
- Dunklin County v. ChouteauSupreme Court of Missouri · 1894
- American Stave & Cooperage Co. v. Butler CountyU.S. Circuit Court for the District of Eastern Missouri · 1899
- Rummel v. Butler CountyU.S. Circuit Court for the District of Eastern Missouri · 1899
3Cited by3 opinions
- Flinn v. GillenSupreme Court of Missouri · 1928
- Himmelberger-Harrison Lumber Co. v. CraigSupreme Court of Missouri · 1913
- Hunter v. PinnellSupreme Court of Missouri · 1906