Legal Opinion

St. Louis, Cape Girardeau & Fort Smith Railway Co. v. Wayne County

Supreme Court of Missouri

Decided December 4, 1894PublishedCited by 7 opinions

Appeal from Iron Circuit Court. (1) The county owning swamp lands has the power to have the same drained and reclaimed for settlement. R. S. 1889, secs. 6461-6463; State ex rel. v. Wayne Co., 98 Mo. 366; Bailroad v. Hatton, 102 Mo.. 53. (2) Counties can make contracts concerning swamp lands within their limits, such lands being at the disposal and under the management of the counties through their proper officers. R. S. 1889, sec. 3157; Crutchfield v. Warrensburg, 30 Mo.

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Appeal from Iron Circuit Court. (1) The county owning swamp lands has the power to have the same drained and reclaimed for settlement. R. S. 1889, secs. 6461-6463; State ex rel. v. Wayne Co., 98 Mo. 366; Bailroad v. Hatton, 102 Mo.. 53. (2) Counties can make contracts concerning swamp lands within their limits, such lands being at the disposal and under the management of the counties through their proper officers. R. S. 1889, sec. 3157; Crutchfield v. Warrensburg, 30 Mo. App. 456; State ex rel. v. Wayne Co., 98 Mo. 367; Mills v. Bailroad, 107 U. S. 578. (3) A contract entered into in writing,…

1Opinion of the CourtBurgess, J.

This is 'an action upon a written contract, entered into on March 14, 1882, by and between the Cape Girardeau Southwestern Railway Company, of the first part, and the county of Wayne of the second part, the county at the time acting through the county court. The contract, leaving off the formal parts, reads as' follows: “Whereas, the Cape Girardeau Southwestern Railway has this day bought all the remaining and unsold swamp and overflowed lands belonging to Wayne county, state of Missouri, for the price and sum of $1.25 per acre, the total amount of acres of yet unsold land being in the…

2Cases cited4 opinions

  1. Sturgeon v. HamptonSupreme Court of Missouri · 1885
  2. Saline County v. WilsonSupreme Court of Missouri · 1875
  3. Cape Girardeau Southwestern Railway Co. v. HattonSupreme Court of Missouri · 1890
  4. William Brown Estate Co. v. Wayne CountySupreme Court of Missouri · 1894

3Cited by7 opinions

  1. Simpson v. Stoddard CountySupreme Court of Missouri · 1903
  2. State ex rel. Public Schools of Stoddard County v. CrumbSupreme Court of Missouri · 1900
  3. Moss v. KauffmanSupreme Court of Missouri · 1895
  4. American Stave & Cooperage Co. v. Butler CountyU.S. Circuit Court for the District of Eastern Missouri · 1899
  5. Stone v. PerkinsU.S. Circuit Court for the District of Eastern Missouri · 1898

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