Hannibal & St. Joseph Railroad v. Moore
Supreme Court of Missouri
Appeal from Linn Circuit Court. I. The court improperly excluded the proofs offered by plaintiff. (10 U. S. Statutes at Large, 8; Greenl. Ev. §§ 484-6.) II. It made at least a prima facie case of title in fee to the land in suit. (Acts of 1857, Adj. Sess., 54.) III. The statute of limitations did not commence running against plaintiff until the selection of land was affirmed by the Secretary of the Interior.
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Appeal from Linn Circuit Court. I. The court improperly excluded the proofs offered by plaintiff. (10 U. S. Statutes at Large, 8; Greenl. Ev. §§ 484-6.) II. It made at least a prima facie case of title in fee to the land in suit. (Acts of 1857, Adj. Sess., 54.) III. The statute of limitations did not commence running against plaintiff until the selection of land was affirmed by the Secretary of the Interior. (Lindsey et ais. v. Lessee of Miller, 6 Pet. 666.) I. The company by the record have shown no title to the land in question, excepting that furnished by the record of the descriptive…
1Opinion of the CourtHolmes, Judge
This was an action in ejectment, commenced on the 30th day of July, 1863, in the Linn county Circuit Court, for the recovery of the possession of a tract of land, described as the southeast quarter of section 10, in township No. 58 north of the base line, and range No. 20 west of the fifth principal meridian, situated in the county of Lin<n, in the State of Missouri. The answer denied that the plaintiff was entitled to the possession of the premises. It admitted that the defendant had entered and taken possession of the premises, as alleged, but claimed that he had done so by virtue of a good…
2Cited by14 opinions
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Clark v. People's Collateral Loan Co.Missouri Court of Appeals · 1891
- Hannibal & St. Joseph Railroad v. SmithSupreme Court of Missouri · 1867
- Griffith v. HanksSupreme Court of Missouri · 1886
- Hill v. BaileyMissouri Court of Appeals · 1879
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