Barton County v. Walser
Supreme Court of Missouri
Appeal from Third District Court. The relation of the State to the swamp lands, in the first instance, under the grant of them by Congress of September 28, 1850, was that of absolute proprietor. * As long as the lands were held by any county of the State they remained subject to disposition by the State.
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Appeal from Third District Court. The relation of the State to the swamp lands, in the first instance, under the grant of them by Congress of September 28, 1850, was that of absolute proprietor. * As long as the lands were held by any county of the State they remained subject to disposition by the State. A county is not an independent individual person having rights of property with which the State can not meddle, but is a mere local agency employed by the State for the purpose of municipal government, and liable to have its very existence determined and ended if the State shall so decide.…
1Opinion of the CourtWagner, Judge
This was an action .of ejectment brought in the Barton County Circuit Court to recover the possession of certain real estate which had been donated to the county as swamp lands.
The case was tried on an agreed statement of facts by the court sitting as a jury, and judgment was rendered in both the courts below for the respondent. The defendant admitted that he was in possession of the lands, but did not claim a title in fee. He set up, as a defense against the plaintiff’s right of recovery, an outstanding title in another person, and, to support this defense, gave in evidence four several…
2Cases cited10 opinions
- City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
- State ex rel. Police Commissioners v. County CourtSupreme Court of Missouri · 1864
- Reardon v. St. Louis CountySupreme Court of Missouri · 1865
- Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
- Hannibal v. Marion CountySupreme Court of Missouri · 1865
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3Cited by24 opinions
- State v. HoneycuttSupreme Court of Missouri · 2013
- Steines v. Franklin CountySupreme Court of Missouri · 1871
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903
- State ex rel. City of Omaha v. Board of County CommissionersNebraska Supreme Court · 1922
- Wilcoxon v. OsbornSupreme Court of Missouri · 1883
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