Funkhouser v. Peck
Supreme Court of Missouri
Appeal from, Clinton Circuit Court. — Hon. G-eorse W. Bunn, Judge 1. By the act of Sept. 28th, 1850, the power to de-. termine what land should he certified as swamp land was given to the Secretary of the Interior. He speaks and acts through the heads of the various departments under his control, and did, by his subordinates, designate the land in controversy as swamp land.
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Appeal from, Clinton Circuit Court. — Hon. G-eorse W. Bunn, Judge 1. By the act of Sept. 28th, 1850, the power to de-. termine what land should he certified as swamp land was given to the Secretary of the Interior. He speaks and acts through the heads of the various departments under his control, and did, by his subordinates, designate the land in controversy as swamp land. The court below, therefore, committed an error in permitting the decision to be impeached in this collateral proceeding, and that too, by oral testimony. Wilcox v. Jackson, 13 Pet. 498,513 ; United States v. Arredondo, 6…
1Opinion of the CourtHough, J.
This was an action of ejectment, instituted on the 8th day of November, 1873, to recover the possession of lots numbered one and two, in block numbered thirty-four, in the town of Lathrop, the same being a part of the n. e. qr. of the s. w. qr.. of section 25, T. 55, R. 31, situate in Clinton county. The plaintiff claimed title under the following acts of Congress and laws of Missouri, to-wit: First. The act of Congress, entitled “ An act to enable the State of Arkansas, and other States, to reclaim the swamp lands within their limits,” approved September 28th, A. D. 1850. (9th U. S. S. at…
2Cases cited5 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Hannibal & St. Joseph Railroad v. SmithSupreme Court of Missouri · 1867
- Clarkson v. BuchananSupreme Court of Missouri · 1873
- Baker v. GeeSupreme Court of the United States · 1864
- Pacific Railroad v. McCombsSupreme Court of Missouri · 1866
3Cited by4 opinions
- Union Savings Ass'n v. SeligmanSupreme Court of Missouri · 1887
- Jasper County v. WadlowSupreme Court of Missouri · 1884
- Palmer v. BoornSupreme Court of Missouri · 1883
- Prior v. LambethSupreme Court of Missouri · 1883