De Lassus v. Winn
Supreme Court of Missouri
Appeal from Schuyler Circuit Court. — No». E. R. McKee, Judge. (1) The certificate number 152, and the patent based thereon, being to “Charles de Lassus, or his legal representatives,” the legal effect of such patent and the certificate is paramount. Our courts say that the land was patented to the assignee or owner of the land at the time of the grant of the patent,, or to the heirs of the deceased person who had made the entry, if he had not disposed of the land.
Read the full summary
Appeal from Schuyler Circuit Court. — No». E. R. McKee, Judge. (1) The certificate number 152, and the patent based thereon, being to “Charles de Lassus, or his legal representatives,” the legal effect of such patent and the certificate is paramount. Our courts say that the land was patented to the assignee or owner of the land at the time of the grant of the patent,, or to the heirs of the deceased person who had made the entry, if he had not disposed of the land. But, if he had alienated it before the granting of the patent, then his alienee and those claiming under him take the title by…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment for the south half of the southwest quarter of section 8, township 64, range 13, in Schuyler county, Missouri.
The suit was commenced October 1, 1898. The answer is a general denial and the further plea that defendant bought the land in 1883 in good faith, received a warranty- deed therefor, and had made lasting and valuable improvements thereon, and' paid all taxes, and praying for an accounting for the value of said improvements and taxes if plaintiff should recover.
The cause was tried in 1899, and judgment was rendered for defendant. Plaintiff appeals.
Plaintiff…
2Cases cited2 opinions
- Cunningham v. SnowSupreme Court of Missouri · 1884
- Griffith v. DeerfeltSupreme Court of Missouri · 1852
3Cited by1 opinion
- Union Trust Co. v. HendricksonSupreme Court of Oklahoma · 1918