Fenwick v. Gill
Supreme Court of Missouri
Appeal from and Error to Perry Circuit Court. This was an action of ejectment for recovery of possession of, 1st, fractional sections 5 and 6, lying north of land claim of G. A. Hamilton, No. 1244, in township 34 N., R. 14 E.; the S.E. fractional quarter and N.W. fractional quarter of fractional section 31 and fractional section 32, T. 35 N., R. 14 E., granted by United States patent dated May 6, 1857 : 2d, and the S.W. quarter and fractional N.E. quarter of fractional…
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Appeal from and Error to Perry Circuit Court. This was an action of ejectment for recovery of possession of, 1st, fractional sections 5 and 6, lying north of land claim of G. A. Hamilton, No. 1244, in township 34 N., R. 14 E.; the S.E. fractional quarter and N.W. fractional quarter of fractional section 31 and fractional section 32, T. 35 N., R. 14 E., granted by United States patent dated May 6, 1857 : 2d, and the S.W. quarter and fractional N.E. quarter of fractional section 31, T. 35 N., R. 14 E., granted by United States patent dated February 10, 1858. Suit was commenced by the issue of…
1Opinion of the CourtHolmes, Judge
This was an action of ejectment upon a petition in the-usual form. The answer admitted possession by the defendant of a portion of the premises sued for, and disclaimed possession of the rest. It contained also a bill in equity, stating a case of equitable jurisdiction, in due form, on the ground of fraud on the part of Martin Fenwick, under whom the plaintiff claimed title, in procuring a reservation of the land in question to be made by order of the Commissioner of the General Land Office, and noted upon the books of the Register and Receiver of the Land Office at Jackson, Missouri, and in…
2Cases cited1 opinion
- Fletcher v. PeckSupreme Court of the United States · 1810
3Cited by16 opinions
- Stump v. HornbackSupreme Court of Missouri · 1891
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- McGrath v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1895
- Cooley v. WarrenSupreme Court of Missouri · 1873
- Metcalf v. LarnedSupreme Court of Missouri · 1867
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