Garth v. Arnold
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Missouri. This is an action of ejectment to recover certain lands situated in Clay county, Mo., described as the N. E. % of section 20, township 51 N. of range 31 W., except a part thereof which lies south and west of a public road, running from Liberty, in said county, to Liberty Landing.
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In Error to the Circuit Court of the United States for the Western District of Missouri. This is an action of ejectment to recover certain lands situated in Clay county, Mo., described as the N. E. % of section 20, township 51 N. of range 31 W., except a part thereof which lies south and west of a public road, running from Liberty, in said county, to Liberty Landing. Both parties claimed title under Joel Turnham, a common source of title, who was seised and possessed of the land in question on and prior to January 17, 1855. The case was submitted on an agreed statement of certain facts, and…
1Opinion of the CourtThayer, Circuit Judge
A considerable portion of the argument with which we have been favored deals with the question whether the act of March 12, 1859, supra, which authorized Joel Turnharn, and Ann R. Arnold to sell and convey the interests of Mrs. Arnold’s six minor children in the land in controversy, was a lawful exercise by the state of legislative power. Concerning this question it is only necessary to say that it may be conceded to be well settled in the state of Missouri that, prior to the adoption of its constitution of 1865, it was competent for the general assembly, acting as parens patriae, to…
2Cases cited22 opinions
- Williams v. Peyton's LesseeSupreme Court of the United States · 1819
- Deputron v. YoungSupreme Court of the United States · 1890
- Godman v. SimmonsSupreme Court of Missouri · 1892
- Farrar v. Christy's AdministratorsSupreme Court of Missouri · 1857
- Searcy County v. ThompsonCourt of Appeals for the Eighth Circuit · 1895
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3Cited by2 opinions
- Mattingly v. WashburnSupreme Court of Missouri · 1946
- Whittelsey v. ConniffSupreme Court of Missouri · 1916