Legal Opinion

Land v. Churchill

Supreme Court of Missouri

Decided July 15, 1872PublishedCited by 25 opinions

Appeal from Johnson Court of Common Pleas. I. The second exception taken by the plaintiff, on the trial of Ms cause, was to the reading in evidence of the deed from Johnson and others to Billon, trustee for the railroad company. The plaintiff objected “ for the reason that said deed shows upon its face that the town lots therein described were sought to be conveyed to the company for speculative purposes, and that the same was therefore void.”

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Appeal from Johnson Court of Common Pleas. I. The second exception taken by the plaintiff, on the trial of Ms cause, was to the reading in evidence of the deed from Johnson and others to Billon, trustee for the railroad company. The plaintiff objected “ for the reason that said deed shows upon its face that the town lots therein described were sought to be conveyed to the company for speculative purposes, and that the same was therefore void.” By reference to the deed we find that it purports to convey to the company, 1st, five and a half acres of ground (as therein described by metes and…

1Opinion of the CourtAdams, Judge

This was an action of ejectment. Both parties claimed under one James C. McKeehan, who was the patentee under the United States for the land on which the lot in controversy was situated.

The defendants claim title through the Pacific Railroad Company, or rather through Frederick L. Billon, trustee for the sole use and benefit of the Pacific Railroad Company. The deed to Billon embraced 151 town lots, distributed alternately throughout the town of Knob Noster, situated on the line of said railroad, and five and a half acres of depot grounds, and was executed to the said trustee in 1858, for the…

2Cases cited2 opinions

  1. Chambers v. City of St. LouisSupreme Court of Missouri · 1860
  2. Pacific Railroad v. SeelySupreme Court of Missouri · 1870

3Cited by25 opinions

  1. Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
  2. Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
  3. In Re the Estate of McGrawNew York Court of Appeals · 1888
  4. Bradley v. ReppellSupreme Court of Missouri · 1896
  5. Rockhill Tennis Club of Kansas City v. VolkerSupreme Court of Missouri · 1932

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