Legal Opinion

Garton v. Cannada

Supreme Court of Missouri

Decided January 15, 1867Published

Error to Pettis Circuit Court-. On the 6th day of April, 1860, the plaintiff Edwin S. Gar-ton commenced his action of ejectment against the defendant Hugh H. Cannada for the recovery of the possession of the following real estate, situate in Pettis county : the S.W. J of the N.E. J, the N.W. J of the S.E.

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Error to Pettis Circuit Court-. On the 6th day of April, 1860, the plaintiff Edwin S. Gar-ton commenced his action of ejectment against the defendant Hugh H. Cannada for the recovery of the possession of the following real estate, situate in Pettis county : the S.W. J of the N.E. J, the N.W. J of the S.E. J, and S.W. £ of section 30, T. 46, R. 23 W. On the 2d May, 1860, the defendant Cannada filed his answer to plaintiff’s petition, denying generally the allegations of plaintiff, and also setting up a suit commenced by William H. Campbell (who sued by his next friend, Colon 0. Campbell) for…

1Opinion of the CourtHolmes, Judge

This was an action of ejectment. The plaintiff claimed title by virtue of a patent from the United States, dated the 3d day of November, 1857. The defendants claimed the same lands (situate in Pettis county) by entry under two duplicate receipts of the receiver of the land office for the proper district, dated September 25th, 1854, in the name of ¥m. H. Campbell. It was proved that Campbell, at the time of the entry, was a minor, under twenty-one years of age; that he had taken possession of the land and made some improvements thereon, and that his right to make the entry had been contested…

2Cases cited2 opinions

  1. Perry v. O'HanlonSupreme Court of Missouri · 1848
  2. Hill v. MillerSupreme Court of Missouri · 1865

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