Carson v. Berthold & Jennings Lumber Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Rom. J. P. Foard, Judge. (1) The patent of Kittrell, Swamp Land Commissioner, under which plaintiff claims, shows on its face that the land was sold at fifty cents per acre, and is, therefore, void. Bayless v. Gibbs, 251- Mo. 492. (2) The title to the land, therefore, remained in Butler County, and passed to defendants’ grantors by the patent from the Swamp Land Commissioner.
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Appeal from Butler Circuit Court. — Rom. J. P. Foard, Judge. (1) The patent of Kittrell, Swamp Land Commissioner, under which plaintiff claims, shows on its face that the land was sold at fifty cents per acre, and is, therefore, void. Bayless v. Gibbs, 251- Mo. 492. (2) The title to the land, therefore, remained in Butler County, and passed to defendants’ grantors by the patent from the Swamp Land Commissioner. (3) Defendants acquired title by the twenty and thirty-year Stat-utes of Limitations. Secs. 1884, 7997, R. S. 1909; De Hatre v. Edmonds, 200 Mo. 246; Collins v. Pease, 146 Mo. 135. (4)…
1Opinion of the CourtBond, P. J.
*242Statement. *241— I. Suit to quiet title and for possession of eighty acres of swamp land. In the first count of his petition plaintiff alleges he is the “equitable owner” *242of the land. In the second count he alleges that on the 19th day of June, 1913, he was the owner of the same land and prays ejectment of defendants and damages and monthly profits. The answer of defendants avers that they own the land in fee, and, further, that plaintiff is estopped by laches and barred by the thirty-year Statute of Limitations. Issue was joined by a reply. The case was tried by the court, a jury being waived,…
2Cases cited6 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Turner v. ShawSupreme Court of Missouri · 1888
- Paramore v. LindseySupreme Court of Missouri · 1876
- Collins v. PeaseSupreme Court of Missouri · 1898
- Bayless v. GibbsSupreme Court of Missouri · 1913
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3Cited by7 opinions
- Friedel v. BaileySupreme Court of Missouri · 1931
- Courtner v. PutnamSupreme Court of Missouri · 1930
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- Otten v. OttenSupreme Court of Missouri · 1941
- Mathis v. MeltonSupreme Court of Missouri · 1922
2 more not listed; retrieve them via the Exa API.