Widdicombe v. Childers
Supreme Court of Missouri
I. The patent from the United States, dated December 15,1871, vested in the plaintiff the legal title to the land sued for. Griffith «. Eeerfelt, 17 Mo. 31. (1) Some pffort, it seems from the record, was made in the court below to impeach this patent on the ground that the rules of the department required lands improperly withheld from private entry, when restored to market, to be advertised for thirty days and the entry thereof opened to competitive bidding.
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I. The patent from the United States, dated December 15,1871, vested in the plaintiff the legal title to the land sued for. Griffith «. Eeerfelt, 17 Mo. 31. (1) Some pffort, it seems from the record, was made in the court below to impeach this patent on the ground that the rules of the department required lands improperly withheld from private entry, when restored to market, to be advertised for thirty days and the entry thereof opened to competitive bidding. It only applied where land had, in fact, been disposed of and afterwards the entry cancelled. The southeast quarter was never entered…
1Opinion of the CourtRay, J.
This is an action of ejectment for the southeast quarter of section thirty-six, township sixty-four, range six, west, and was originally against Oliver P. Childers. It was instituted in the circuit court of Clark county on the twenty-fifth day of August, 1874. The petition is in the usual form; the answer of the defendant, Childers, was a general denial. The cause was *386sent by change of venue to the Marion circuit court. On the third day of March, 1876, Lucretia Jungher, Sallie F. Johnston, and H. Will. Johnston, were, upon their own motion, and against the plaintiff’s objection, made parties…
2Cases cited13 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Stark v. StarrsSupreme Court of the United States · 1868
- Silver v. LaddSupreme Court of the United States · 1869
- Kritzer v. SmithSupreme Court of Missouri · 1855
- The State of Minnesota v. BachelderSupreme Court of the United States · 1864
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3Cited by5 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Marshall v. HillSupreme Court of Missouri · 1912
- In Re Will of MillerSupreme Court of North Carolina · 1912
- Porter v. CarstensenWyoming Supreme Court · 1929
- Hedrick v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Missouri · 1894