Hedrick v. Atchison, Topeka & Santa Fe Railroad
Supreme Court of Missouri
Appeal from Adair Circuit Cowrt. — Hon. Andrew Ellison, Judge. Ejectment brought September, 1890, for a strip of land which forms the right of way of the defendant railroad company through the west half of the southeast quarter of section 28, township 61, range 14, in Adair county.
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Appeal from Adair Circuit Cowrt. — Hon. Andrew Ellison, Judge. Ejectment brought September, 1890, for a strip of land which forms the right of way of the defendant railroad company through the west half of the southeast quarter of section 28, township 61, range 14, in Adair county. The appeal was taken under the provisions of section 2253, Revised Statutes, 1889, only a certified copy of the decree made in this cause, etc., being sent up to this court, which decree was entered in favor of the defendant company and the other defendants, and plaintiff has appealed therefrom. Plaintiff relies on…
1Opinion of the CourtSherwood, J.
There was ample evidence to support the decree obtained in the court below. Although the action as begun was ejectment, yet the answers setting up equitable defenses converted the whole proceeding into an equitable one; this, of course, does away with any necessity for examining the declarations of law asked.
As will have been perceived, the controversy hinges on the number of the range, whether 14 or 17. The first paper offered on behalf of defendants, was the following, to wit: a certificate of location and entry by Cavil M. Freeman.
“military bounty land act oe march 3,1855.
“Milan, Mo.,…
2Cases cited9 opinions
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- Stark v. StarrsSupreme Court of the United States · 1868
- Wirth v. BransonSupreme Court of the United States · 1878
- Branson v. WirthSupreme Court of the United States · 1873
- Widdicombe v. ChildersSupreme Court of the United States · 1888
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3Cited by1 opinion
- Sawyer v. GrayDistrict Court, W.D. Washington · 1913