Bayless v. Gibbs
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. Jesse G. Sheppard, Judge. (1) The court erred in finding for the plaintiffs and against defendants. The patent under which plaintiffs claim title is void on its face, in that it shows upon its face that the land was sold for a less consideration than the county was authorized under the Swamp Land acts to sell same.
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Appeal from Butler Circuit Court. — Hon. Jesse G. Sheppard, Judge. (1) The court erred in finding for the plaintiffs and against defendants. The patent under which plaintiffs claim title is void on its face, in that it shows upon its face that the land was sold for a less consideration than the county was authorized under the Swamp Land acts to sell same. Laws 1854-55, p. 154; Sec. 19, Chap. 48, G-. S. 1865, p. 280; Sec. 4, Chap. 109, C. S. 1865; p. 444; Laws' 1854-55, p. 160; Laws 1857, Adj. ses., p. 32; Laws 1868, p. 168; Simpson v. Stoddard County, 173 Mo. 421; State ex rel.' v. Crumb, 157…
1Opinion of the CourtWoodson, P. J.
This was a suit instituted in the circuit court of Butler county by the plaintiffs against the defendants, under section 650, Revised Statutes 1899, to quiet title to a certain quarter section of land situate in said county, and particularly described in the petition. The petition also contained a second count in ejectment for the possession of the land.
A trial was had which resulted in a judgment for the plaintiffs on both counts of the petition; and after moving unsuccessfully for a new trial, the defendants appealed the cause to this court.
Counsel for appellants have made a clear and terse…
2Cases cited10 opinions
- Dulaney v. BuffumSupreme Court of Missouri · 1903
- State ex rel. Missouri Pacific Railway Co. v. WilliamsSupreme Court of Missouri · 1909
- Sturgeon v. HamptonSupreme Court of Missouri · 1885
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903
- Wheeler v. Reynolds Land Co.Supreme Court of Missouri · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Watts v. WattsSupreme Court of Missouri · 1924
- King v. Maries CountySupreme Court of Missouri · 1923
- Senter v. Wisconsin Lumber Co.Supreme Court of Missouri · 1914
- Carson v. Berthold & Jennings Lumber Co.Supreme Court of Missouri · 1917
- Brinkerhoff v. JudenSupreme Court of Missouri · 1914
3 more not listed; retrieve them via the Exa API.