Douthitt v. Stinson
Supreme Court of Missouri
Error to Moniteau County Circuit Court. I. The title to the land in dispute was passed by patent to Dr. Douthitt. The legal title being thus vested in him, the question is, whether it has passed out of him by grant or by operation of law in consequence of adverse occupancy. II.
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Error to Moniteau County Circuit Court. I. The title to the land in dispute was passed by patent to Dr. Douthitt. The legal title being thus vested in him, the question is, whether it has passed out of him by grant or by operation of law in consequence of adverse occupancy. II. To constitute a valid grant, three things are necessary: a natural or artificial person capable of granting or passing the title, a thing that is the subject of a grant, and a natural or artificial person capable in law of receiving or taking by the granting. The “ town of Lancaster and Lancaster Seminary ” never had…
1Opinion of the CourtNapton, Judge
This was an action of ejectment commenced April 16, 1872, by the heirs of W. W. Douthitt, deceased, to recover the west half of the southwest quarter of section 83, township 45, range 16.
The plea denies the general allegation in the petition, and then sets up the following facts in defense :
In 1839 certain persons associated themselves to buy the real estate described in the petition, with a view to lay the same off into town lots, and selling them and erecting a seminary of learning on them, and subscribed and paid a sum of money sufficient to- pay for forty acres of said land described in…
2Cases cited7 opinions
- Hanger v. AbbottSupreme Court of the United States · 1868
- Hornbeck v. WestbrookNew York Supreme Court · 1812
- Arthur v. WestonSupreme Court of Missouri · 1856
- Harriman v. SouthamIndiana Supreme Court · 1861
- Jackson ex dem. Cooper v. CoryNew York Supreme Court · 1811
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Copeland v. Fairview Land & Water Co. & Lake Hemet Water Co.California Supreme Court · 1913
- Duffield v. DuffieldIllinois Supreme Court · 1915
- Prince v. SkillinSupreme Judicial Court of Maine · 1880
- Melton v. SmithSupreme Court of Missouri · 1877
- Benne v. MillerSupreme Court of Missouri · 1899
19 more not listed; retrieve them via the Exa API.