Elting v. Gould
Supreme Court of Missouri
Error to Barton Circuit Court. — Hon. Chas. G. Burton, Judge. (1) The tax proceeding and sheriff’s deed against “ R. O. Elting” is. void, as against “Richard O. Elting.” Skelton v. Sackett, 91 Mo. 377. (2) The patent issued to Elting in 1865 was void, because three of the four forties had been patented to William Gilfillan in 1859, and Elting had his right to reconvey the whole of the land to the government and have his money refunded.
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Error to Barton Circuit Court. — Hon. Chas. G. Burton, Judge. (1) The tax proceeding and sheriff’s deed against “ R. O. Elting” is. void, as against “Richard O. Elting.” Skelton v. Sackett, 91 Mo. 377. (2) The patent issued to Elting in 1865 was void, because three of the four forties had been patented to William Gilfillan in 1859, and Elting had his right to reconvey the whole of the land to the government and have his money refunded. This was his right and option. 1 Lester Land Law and Regulations, 38, 345. The government had authority to accept this relinquishment, and upon their accepting…
1Opinion of the CourtBlack, J.
This is an action of ejectment for the northeast quarter of the southeast quarter of section 33, township 33, range 31, in Barton county. The documentary evidence is as follows:(1) A patent from the United States to William G-ilfillan for the other three forty-acre tracts in said quarter section, dated in 1859.(2) A patent from the United States to R. 0. Elting, dated in 1865, for the whole of said quarter section.(3) A deed of release from Richard O. Elting and wife to the United States for the whole of the same quarter section, dated in January, 1884, and recorded in Barton county in…
2Cases cited3 opinions
- Morton v. NebraskaSupreme Court of the United States · 1875
- Payne v. LottSupreme Court of Missouri · 1886
- Skelton v. SackettSupreme Court of Missouri · 1886
3Cited by16 opinions
- Emery v. KippCalifornia Supreme Court · 1908
- Turner v. GregorySupreme Court of Missouri · 1899
- Mosely v. ReilySupreme Court of Missouri · 1894
- Burkham v. ManewalSupreme Court of Missouri · 1906
- Burge v. BurgeMissouri Court of Appeals · 1902
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