Pemiscot County v. Wisconsin Lumber Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. J. C. ■ . Sheppard, Judge. (1) The word “middle” as used in the statute defining the boundary of Pemiscot, not being a technical word, should have its ordinary and usual meaning. “Words and phrases shall be taken in their plan or ordinary and usual sense, but technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.”
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Appeal from Butler Circuit Court. — Hon. J. C. ■ . Sheppard, Judge. (1) The word “middle” as used in the statute defining the boundary of Pemiscot, not being a technical word, should have its ordinary and usual meaning. “Words and phrases shall be taken in their plan or ordinary and usual sense, but technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.” R. S. 1909, sec. 8057; State v. Jones, 102 Mo. 305; "Warren v. Paving Co., 115 Mo. 572; State ex rel. v. Marion County, 128 Mo. 427; Henry v. Evans, 97 Mo. 47;…
1Opinion of the Court
BOND, C.
This action was brought on the 14th of June, 1907, in Pemiscot county, and by change of venue tried in Butler county. It was begun under what is now section 2535', Revised Statutes 1909, to ascertain and determine title to land.
Plaintiff claims title in fee to the lands-described in its petition under an act of the Legislature of Missouri, passed March 27,1868 (Laws 1868, p. 68), which donated to the respective counties in which they were situated, all the swamp lands granted to the State by act of Congress, approved September 28, 1850. It is further alleged that said lands were…
2Cases cited1 opinion
- Knight v. ElliottSupreme Court of Missouri · 1874
3Cited by2 opinions
- Alluvial Realty Co. v. Himmelberger-Harrison Lumber Co.Supreme Court of Missouri · 1921
- St. Francis Levee District v. Arcadia Timber Co.Missouri Court of Appeals · 1923