Charles v. Morrow
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Hon. M. G. McGregor, Judge. (1) Statutes providing conditions upon, and means by, which constructive notice may be given defendants, in order to the exercise of a court’s jurisdiction, based thereon, are strictly construed, and must be strictly complied with, or no jurisdiction will be acquired.
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Appeal from Newton Circuit Court. — Hon. M. G. McGregor, Judge. (1) Statutes providing conditions upon, and means by, which constructive notice may be given defendants, in order to the exercise of a court’s jurisdiction, based thereon, are strictly construed, and must be strictly complied with, or no jurisdiction will be acquired. Schell v. Leland, 45 Mo. 293; Wade on Notice, sec. 1030 ; Morey v. Morey, 11 Reporter, 199 ; Settlemier v. Sullivan, 97 U. S. 444. (2) Ordinarily the first necessary step, in laying a foundation for the acquisition of jurisdictional powers by a circuit court, is the…
1Opinion of the CourtShebwood, J.
Plaintiffs brought ejectment for the west half of the southwest quarter of section 4, township 26, range 33, Newton county. Answer, general denial.
On trial it was agreed between the parties that both claimed title under John W. Charles, who entered and purchased the land in question from the United States.
Plaintiffs’ evidence in chief consisted of exemplification of the application of John W. Charles of Adams county, Mississippi, to the United .States land-office for location of land warrant on this land, dated May 23, 1857, with endorsement showing its location and the subsequent issue of…
2Cases cited3 opinions
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Elting v. GouldSupreme Court of Missouri · 1888
- State ex rel. Petts v. StaleySupreme Court of Missouri · 1882
3Cited by10 opinions
- Harness v. CravensSupreme Court of Missouri · 1894
- Young v. DowneySupreme Court of Missouri · 1899
- Myers v. McRaySupreme Court of Missouri · 1893
- State ex rel. Wheat v. HorineMissouri Court of Appeals · 1895
- Eminence Land & Mining Co. v. Current River Land & Cattle Co.Supreme Court of Missouri · 1905
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