Simpson v. Stewart
Supreme Court of Missouri
Appeal from New Madrid Circuit Court.- — Hon. Sterling H. McCarty, Judge. (1) The surveying, and sectionizing of the public lands was under Government supervision and control and any State law which would change the corner or produce a different result is inoperative and void.
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Appeal from New Madrid Circuit Court.- — Hon. Sterling H. McCarty, Judge. (1) The surveying, and sectionizing of the public lands was under Government supervision and control and any State law which would change the corner or produce a different result is inoperative and void. Knight v. Elliott, 57 M3o. 326; Frazier v. Bryant, 59- Mo. 124; Lemmon v. Hartsock, 80 Mo. 18. (2) Sec. 11322, E. S. 1909, will not establish a lost comer at the place originally1 established and will produce a different result and is therefore inoperative. Bule 56, General Land Office; Cases supra; Major v. Watson, 73…
1Opinion of the Court
This is an action at law, to quiet title and in ejectment. Both counts of the petition are conventional. The land is described as a strip off of the west side of Section Thirty-four, Township Twenty-four, Range Thirteen, New Madrid County, Missouri, in the shape of a triangle about eighty rods wide at the north end and running to a point at the south end of said section. The answer is a general denial. The controversy grows out of a dispute as to the location of the boundary line between Sections Thirty-four and Thirty-three, Township Twenty-four, Range Thirteen. The plaintiff owns Section…
2Cases cited2 opinions
- Knight v. ElliottSupreme Court of Missouri · 1874
- Lemmon v. HartsookSupreme Court of Missouri · 1883
3Cited by5 opinions
- Cordell v. SandersSupreme Court of Missouri · 1932
- City of Marshfield v. HaggardMissouri Court of Appeals · 1957
- Gee v. ShermanMissouri Court of Appeals · 1927
- Opperman v. LaBrotMissouri Court of Appeals · 1955
- St. Francis Levee District v. Arcadia Timber Co.Missouri Court of Appeals · 1923