Pacific Railroad v. McCombs
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action of ejectment to recover possession of part of fractional sections 8 and 18, T. 45 N., R. 7 E., in St. Louis county, which lies within six miles of plaintiff’s road.
Read the full summary
Appeal from St. Louis Court of Common Pleas. This was an action of ejectment to recover possession of part of fractional sections 8 and 18, T. 45 N., R. 7 E., in St. Louis county, which lies within six miles of plaintiff’s road. At the trial, plaintiff’s title was as follows : — Act of Congress of June 10,1852, granting to the State of Missouri the even numbered sections within six sections in width on each side of said road — 10 U. S. Stat. 802 ; and act of Missouri of December 25,1852, transferring this grant to the plaintiff— Acts 1852-3, p. 10, § 1. • Evidence was then given to show that…
1Opinion of the CourtHolmes, Judge
The plaintiff claims title under the second section of the act of Congress of the 10th of June, 1852 — 10 U. S. Stat. p. 9. This act granted to the State of Missouri, for the purpose of aiding in making certain railroads, every alternate section of land designated by even numbers, for six sections in width on each side of said road, which section, or any part thereof, should not appear to have been sold or subjected to the right of pre-emption, and provided that no reservation of any or all of said lands by any act of Congress, or in any other manner, by competent authority, for any purpose…
2Cases cited2 opinions
- Hannibal & St. Joseph Railroad v. MooreSupreme Court of Missouri · 1866
- State ex rel. Township Forty-Four v. DentSupreme Court of Missouri · 1853
3Cited by5 opinions
- Walsh v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1882
- Thelin v. DownsSupreme Court of Connecticut · 1929
- Hannibal & St. Joseph Railroad v. SmithSupreme Court of Missouri · 1867
- Funkhouser v. PeckSupreme Court of Missouri · 1877
- Hammond v. ColemanMissouri Court of Appeals · 1877