Legal Opinion

Carter v. Hornback

Supreme Court of Missouri

Decided May 25, 1897PublishedCited by 12 opinions

Appeal from Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) The court erred in excluding the re-survey signed “E. Lloyd, Deputy County Surveyor,” made and recorded in 1870. Gr. S. 1865, sec. 19, p. 164; R. S. 1889, sec. 8320. Surveys made by county surveyors or tbeir deputies shall be considered legal evidence in any court in this State. Gr.

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Appeal from Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) The court erred in excluding the re-survey signed “E. Lloyd, Deputy County Surveyor,” made and recorded in 1870. Gr. S. 1865, sec. 19, p. 164; R. S. 1889, sec. 8320. Surveys made by county surveyors or tbeir deputies shall be considered legal evidence in any court in this State. Gr. S. 1865, sec. 11, p. 163; R. S. 1889, sec. 8312. (2) It was shown by surveyor Edwards and others that E. Lloyd was deputy county surveyor. And it was shown by defendant Sam Horn-back and his brother,. John Hornback, that Lloyd’s survey was by…

1Opinion of the CourtBurgess, J.

— Ejectment for a strip of land lying east and west, fifty-eight feet in width at the south end, one hundred and five feet in width at the north end, and thirteen hundred and seventy-three feet in length, in section 30, township 28, of range 31, in Jasper county.

Plaintiff is the owner of the north half of lot 1 of the southwest quarter, and the defendant is the owner of the north half of lot 2, of the southwest quarter of said section.

Plaintiff claims that the land in question lies east of the dividing line between the north half of lot 1 and the north half of lot 2 while defendant contends…

2Cases cited6 opinions

  1. Climer v. WallaceSupreme Court of Missouri · 1859
  2. Pharis v. JonesSupreme Court of Missouri · 1894
  3. Cobb v. DaySupreme Court of Missouri · 1891
  4. Nye v. AlfterSupreme Court of Missouri · 1895
  5. Cook v. FarrahSupreme Court of Missouri · 1891

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Hamburg Realty Company v. WoodsSupreme Court of Missouri · 1959
  2. Cullen v. JohnsonSupreme Court of Missouri · 1930
  3. Himmelberger-Harrison Lumber Co. v. McCabeSupreme Court of Missouri · 1909
  4. McVey v. CarrSupreme Court of Missouri · 1901
  5. Stumpe v. KoppSupreme Court of Missouri · 1907

7 more not listed; retrieve them via the Exa API.

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