McBaine v. Johnson
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Non. John A. Iloclcaday, Judge. (1) The -testimony of all the witnesses in the case, who claim to have any knowledge of the re-formation of the land in question,, including the plaintiff, shows that such re-formation commenced out in the river, south of the original main channel, in the shape of bars, or tow-heads, which gradually increased in size and elevation, approaching the north and south shores of the river until a large body of land…
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Appeal from Boone Circuit Court. — Non. John A. Iloclcaday, Judge. (1) The -testimony of all the witnesses in the case, who claim to have any knowledge of the re-formation of the land in question,, including the plaintiff, shows that such re-formation commenced out in the river, south of the original main channel, in the shape of bars, or tow-heads, which gradually increased in size and elevation, approaching the north and south shores of the river until a large body of land was formed including that in question, separated from the William Smith land and its accretions, by the channel, slough…
1Opinion of the CourtMarshall, J.
This is an action of ejectment to recover possession of 65.61 acres of land jin Boone county. The plaintiff bases his right to recover upon three grounds, to-wit: first, that the land is an accretion to land patented to William Smith, from whom he acquired title by mesne conveyances; second, that -the land is an island in the Missouri river, and that he acquired title thereto by a patent from Boone county under the Act of 1895; and, third, prior possession accompanied by acts of ownership, which is good as *195against the defendant, who is a mere squatter or trespasser. The answer is a general…
2Cases cited3 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Barney v. KeokukSupreme Court of the United States · 1877
- Nebraska v. IowaSupreme Court of the United States · 1892
3Cited by12 opinions
- Hecker v. BleishSupreme Court of Missouri · 1928
- Conran v. GirvinSupreme Court of Missouri · 1960
- Chinn v. NaylorSupreme Court of Missouri · 1904
- Frank v. GoddinSupreme Court of Missouri · 1906
- Moore v. FarmerSupreme Court of Missouri · 1900
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