Legal Opinion

Van Pelt v. Parry

Supreme Court of Missouri

Decided March 31, 1909Published

Appealfrom Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The land being admitted and proved to be swamp land, originally the title vested in Barton county prior to 1856. Clarkson v. Buchanan, 53 Mo. 569; Bailroad v. Smith, 9 Wall. 95 ; Campbell v. Wortman, 58 Mo. 259; Foster v. Evans, 51 Mo. 40. (2) The certificate of title to Parry in 1856 conveyed no title to him.

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Appealfrom Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The land being admitted and proved to be swamp land, originally the title vested in Barton county prior to 1856. Clarkson v. Buchanan, 53 Mo. 569; Bailroad v. Smith, 9 Wall. 95 ; Campbell v. Wortman, 58 Mo. 259; Foster v. Evans, 51 Mo. 40. (2) The certificate of title to Parry in 1856 conveyed no title to him. Campbell v. Wortman, supra; Hendrickson v. G-rable, 157 Mo. 45. But the certificate shows the selection of this land as swamp land was made under the Act of September 28, 1850, and approved March 2, 1851. Therein it conforms…

1Opinion of the CourtLamm, P. J.

This suit was brought under section 650, Eevised Statutes 1899, to try, define and adjudge title to a part of lot three in block thirteen of the city of Lamar (original town) — said part being 15 feet by 120 feet, set forth by metes and bounds. The petition alleges that Charles Van Pelt has a life estate under the will of Mary E. Van Pelt, deceased; that the two minors, Eobert and Stanley, own the reversion, to-wit, a fee simple subject to the life estate of Charles; and that the defendant, Nancy, claims an interest or estate in the premises adverse to plaintiffs, although without right or…

2Cases cited10 opinions

  1. Benton v. City of St. LouisSupreme Court of Missouri · 1909
  2. Chouteau v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
  3. Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
  4. Simpson v. Stoddard CountySupreme Court of Missouri · 1903
  5. Barton County v. WalserSupreme Court of Missouri · 1871

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