Rees v. McDaniel
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. James M. Sandusky, Judge. (1) The proceedings to quiet title, the record of which was read in evidence, are void. First. Because there was no service of notice as required by law. Revised Statutes, 1889, see. 2092. Second. Because there is no description of the land sought to be affected by the proceedings.
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Appeal from Platte Circuit Court. — Hon. James M. Sandusky, Judge. (1) The proceedings to quiet title, the record of which was read in evidence, are void. First. Because there was no service of notice as required by law. Revised Statutes, 1889, see. 2092. Second. Because there is no description of the land sought to be affected by the proceedings. (2) The owner of an island in the Missouri river which washes away is entitled to the land which re-forms on the original site; and if any part of the island remains he is entitled to all accretions thereto. Buse v. Russell, 86 Mo. 209. And, if…
1Opinion of the CourtBubgess, J.
This is a suit in ejectment for the possession of the accretions made by the Missouri river to fractional section 24, township 54, range 37, in Platte county, Missouri, owned by plaintiffs. The answer is a general denial.
It was admitted on trial that the plaintiffs were the owners of fractional .section 24. It was also admitted that the land sued for was part of an island which was in the state of Kansas when that state was admitted into the union, which washed away and reappeared, and that it was the fractional northeast quarter of section 6, township 7, range 22, in Atchison county, that…
2Cases cited10 opinions
- St. Louis v. RutzSupreme Court of the United States · 1891
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Benson v. MorrowSupreme Court of Missouri · 1875
- Buse v. RussellSupreme Court of Missouri · 1885
- Buttenuth v. St. Louis Bridge Co.Illinois Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Manry v. RobisonTexas Supreme Court · 1932
- Cooley v. GoldenSupreme Court of Missouri · 1893
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- Tatum v. City of St. LouisSupreme Court of Missouri · 1894
- Hahn v. DawsonSupreme Court of Missouri · 1896
19 more not listed; retrieve them via the Exa API.