Cummings v. Powell
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) Where both parties claim under the same person, that person’s title is admitted. (2) The location of the New Madrid certificate in 1822 was lawfully made on land subject to such location, and thereby the equitable title to said land became vested in James Conway’s heirs and legal representatives, and can only be defeated by the owner of an earlier and superior title under the government vested in the defendant.
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Appeal from St. Louis Court of Appeals. (1) Where both parties claim under the same person, that person’s title is admitted. (2) The location of the New Madrid certificate in 1822 was lawfully made on land subject to such location, and thereby the equitable title to said land became vested in James Conway’s heirs and legal representatives, and can only be defeated by the owner of an earlier and superior title under the government vested in the defendant. (3) Neither the trial court nor this court is authorized to say where the out-boundary line provided for in the first section of act of…
1Opinion of the CourtBlack, J.
The plaintiffs commenced this action of' ejectment on the twenty-second of June, 1874, to recover a part of lot 38, in Peter Lindell’s second addition to St. Louis. For title, they read in evidence New Madrid certificate No. 348, issued to James Conway or his legal representatives on the twentieth of November, 1817, for two hundred arpents of land; a location of this certificate on June 6, 1818; survey No. 2712, dated the twenty-third of June, 1819, which survey was returned to the recorder of land titles on the fourth of September, 1822 a certificate for a patent, but upon which certificate…
2Cases cited17 opinions
- Shepley v. CowanSupreme Court of the United States · 1876
- Fugate v. PierceSupreme Court of Missouri · 1872
- Gibson v. ChouteauSupreme Court of Missouri · 1867
- Landes v. PerkinsSupreme Court of Missouri · 1848
- Hammond v. JohnstonSupreme Court of Missouri · 1887
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Marshall v. HillSupreme Court of Missouri · 1912
- Hemphill v. MoyIdaho Supreme Court · 1917
- Campbell v. WoodSupreme Court of Missouri · 1893
- Mockbee v. GroomsSupreme Court of Missouri · 1923
- Stevenson v. BlackSupreme Court of Missouri · 1902
5 more not listed; retrieve them via the Exa API.