Buse v. Russell
Supreme Court of Missouri
Appeal from, Franklin Circuit Court. — Hon. A. J, Seat, Judge. (1) The third instruction given by the court foi plaintiff was erroneous. There was no evidence tending .to show that said arm of the river or slough simply filled from the bottom without forming accretions on eithei ■side.
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Appeal from, Franklin Circuit Court. — Hon. A. J, Seat, Judge. (1) The third instruction given by the court foi plaintiff was erroneous. There was no evidence tending .to show that said arm of the river or slough simply filled from the bottom without forming accretions on eithei ■side. The words “simply filled up from the bottom oi by deposits within the bed of the slough,” as used in said instruction, were calculated to lead the jury to suppose that all land formed within the original limits pi the slough and resting on that bottom were to be divided equally between the island and survey.…
1Opinion of the CourtBlack, J.
— This was ejectment for Island. Seventy-three in the Missouri river. The island was surveyed and numbered when the public lands were surveyed. It was patented to the state as swamp land, and by the Mate to the county of Franklin, and by the latter sold to plaintiff. The plat of the public surveys, certified from the surveyor general’s office, shows that the island was, at the date of the survey, located near the left bank of the Missouri river. This is one of a number of islands, *212surveyed and unsurveyed, in the same locality. The main channel of the river, it would seem, is, and always has…
2Cases cited3 opinions
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