Stoner v. Royar
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) Under the pleadings and evidence, plaintiff could not recover, and this being true, no error upon the trial of the cause would be ground for a new trial. Bartley v. Railroad, 148 Mo. 125; Homuth v. Railroad, 129 Mo. 642; Yogg v. Railroad, 138 Mo. 180. (a) Plaintiff must have the legal title in ejectment.
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Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) Under the pleadings and evidence, plaintiff could not recover, and this being true, no error upon the trial of the cause would be ground for a new trial. Bartley v. Railroad, 148 Mo. 125; Homuth v. Railroad, 129 Mo. 642; Yogg v. Railroad, 138 Mo. 180. (a) Plaintiff must have the legal title in ejectment. Claggett v. Robertson, 149 Mo. 153. (b) Respondent bases his chain of title upon a patent from the United States Government, to lands in section 11, issued in 1855. At that time the United States had parted with its title, and…
1Opinion of the CourtValliant, J.
This is an. action of ejectment to recover the possession of certain land in Saline county. The land was formed by accretions in the Missouri river. Plaintiff claims title, through patents from the United States to his remote grantors and a succession of deeds from them and their grantees to him, to certain land in an island in the river, and he claims that the land suéd for is an accretion to his land covered by those patents and deeds. Defendant claims title to land on the river bank derived through a patent from the United States and deeds following, and he claims that the land sued for is…
2Cases cited5 opinions
- Cooley v. GoldenSupreme Court of Missouri · 1893
- Candee v. Kansas City & Independence Rapid Transit RailwaySupreme Court of Missouri · 1895
- McBaine v. JohnsonSupreme Court of Missouri · 1900
- Widdicombe v. RosemillerU.S. Circuit Court for the District of Western Missouri · 1902
- Bradshaw v. EdelenSupreme Court of Missouri · 1906
3Cited by14 opinions
- King Smith v. Kansas City Life Insurance Co.Supreme Court of Missouri · 1942
- Manthey v. Kellerman Contracting Co.Supreme Court of Missouri · 1925
- State v. BaldwinSupreme Court of Missouri · 1927
- Porter v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
- T. L. Wright Lumber Co. v. Ripley CountySupreme Court of Missouri · 1917
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