Simpson v. Stoddard County
Supreme Court of Missouri
Appeal from Stoddard Circuit Court . — Eon. J. L, Fort, Judge. (1) The lands in controversy could be disposed of only in the manner prescribed by law.
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Appeal from Stoddard Circuit Court . — Eon. J. L, Fort, Judge. (1) The lands in controversy could be disposed of only in the manner prescribed by law. State ex rel. v. New Madrid County, 51 Mo. 82; School Fund v. Crumb, 157 Mo. 561. (2) The county court of Stoddard county was powerless to avail itself of the provisions of the Act of March 10, 1869, at the date of the Eltzroth compromise, for the reason that the patent provided for in said act had not been executed and delivered' to the county. Section 1 directs the preparation of patents for the purpose of conveying- all the title and…
1Dissent
Dissenting Opinion.
BRACE, J.
I do not agree to the foregoing opinion of the majority of the court, but adhere to the views expressed in the original opinion in this case, delivered on March 28, 1902, and in which all the members of the court except Burgess, C. J., then absent, concurred, and which is as follows:
“These two cases were tried together, brought here on a single transcript, and may be treated as one case, The decrees of the circuit court were in favor of the plaintiffs in each case, and the defendant appeals.
‘ ‘ On March 13,1868, in the Stoddard Circuit Court, a judgment was…
2Cases cited18 opinions
- State ex rel. St. Louis Underground Service Co. v. MurphySupreme Court of Missouri · 1896
- Sturgeon v. HamptonSupreme Court of Missouri · 1885
- City of St. Louis v. GormanSupreme Court of Missouri · 1860
- Heidelberg v. St. Francois CountySupreme Court of Missouri · 1889
- State v. Bank of the State of MissouriSupreme Court of Missouri · 1870
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