Legal Opinion

Moss v. Kauffman

Supreme Court of Missouri

Decided December 3, 1895PublishedCited by 4 opinions

Appeal from Bollinger Circuit Court. (1) The deed from the county of. Bollinger to Mr. Allen and the payment by Mr. Allen of the railroad stock to the county all took place after the lands had been patented to the county by the state, under the act approved March 10, 1869. Under that act the county had full power and control over the land patented to it, to sell and dispose of it in like manner, and with like effect as then provided by the general statutes in relation to the…

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Appeal from Bollinger Circuit Court. (1) The deed from the county of. Bollinger to Mr. Allen and the payment by Mr. Allen of the railroad stock to the county all took place after the lands had been patented to the county by the state, under the act approved March 10, 1869. Under that act the county had full power and control over the land patented to it, to sell and dispose of it in like manner, and with like effect as then provided by the general statutes in relation to the conveyance of real estate belonging to the county. Act of 1869, p. 66, sec. 6. (2) The only law then in force fixing…

1Opinion of the CourtBurgess, J.

Action of ejectment for a tract of swamp land.

The land was patented to Bollinger county by the state as swamp and overflowed land August 4, 1869. Both parties claim under this title. Defendant also relied upon the statute of limitations as a defense. Plaintiffs’ claim title under a deed from Bollinger county to William Brown and Louis Houck dated May 13, 1887; and by deed from Brown and Houck to J. T. Moss, deceased, ancestor of the plaintiffs Moss, dated April 14, 1888. Defendant Kauffman claims under deed from Bollinger county by Philip Sutherlin, *428swamp land commissioner, to Thomas Allen,…

2Cases cited5 opinions

  1. Steines v. Franklin CountySupreme Court of Missouri · 1871
  2. Sturgeon v. HamptonSupreme Court of Missouri · 1885
  3. Saline County v. WilsonSupreme Court of Missouri · 1875
  4. Cape Girardeau Southwestern Railway Co. v. HattonSupreme Court of Missouri · 1890
  5. St. Louis, Cape Girardeau & Fort Smith Railway Co. v. Wayne CountySupreme Court of Missouri · 1894

3Cited by4 opinions

  1. Simpson v. Stoddard CountySupreme Court of Missouri · 1903
  2. Bayless v. GibbsSupreme Court of Missouri · 1913
  3. Brinkerhoff v. JudenSupreme Court of Missouri · 1914
  4. Sugg v. Wisconsin Lumber Co.District Court, E.D. Missouri · 1922

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