Cooley v. Golden
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court erred in refusing to give instruction number 1. This bar or island might fairly be considered an accretion in a state of formation’begun prior to United States survey, but continuing to develop until united with the main shore.
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Appeal from Atchison Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court erred in refusing to give instruction number 1. This bar or island might fairly be considered an accretion in a state of formation’begun prior to United States survey, but continuing to develop until united with the main shore. Jones v. Soulard, 24 How. 41. As appellant’s lessor owned the lands along the Missouri shore to the river line, the accretions belonged to them, they passed with all conveyances, and it makes no difference that the shore lines were meandered at time of government survey. Land Co. v.…
1Opinion of the CourtMacfarlane, J.
— The following statement prepared by Bbace, J., is adopted:
This is an action in ejectment brought by Millard F. Cooley, lessee of the Hamilton Land Company, against James F. G-olden, for the recovery of a tract of about two hundred and seventy acres of unsurveyed lands lying south of fractional southeast quarter of section 32 and fractional southwest quarter of section 33, in township 67 of range 42, and south and west of fractional sections 3, 4 and 10, in township 66, of range 42, all west of fifth principal-meridian, in Atchison county, in this state, composed partly of an island called…
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