Arnold v. Garth
U.S. Circuit Court for the District of Western Missouri
At Law. In 1855 Joel Turnham executed a deed to the land in controversy, situated in Clay county, Mo., with the habendum clause to Ann R. Arnolij. “and to the heirs of her body”; the said Ann being the daughter of said Turnham.
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At Law. In 1855 Joel Turnham executed a deed to the land in controversy, situated in Clay county, Mo., with the habendum clause to Ann R. Arnolij. “and to the heirs of her body”; the said Ann being the daughter of said Turnham. In 1859 the legislature of the state of Missouri passed an act authorizing said Joel Turnham and Ann R. Arnold to sell and convey all the right, title, and interest, contingent or otherwise, of Joel T. Arnold, David B. Arnold, Charles B. Arnold, Edward C. Arnold, Allen K. Arnold, and Louisa E. Arnold, who were the then, living children of the said Ann E. .Arnold, in…
1Opinion of the Court
PHILIPS, District Judge.
This is an action of ejectment for the recovery of certain lands in Clay county, Mo., submitted to the court without the intervention of a jury, on an agreed statement of facts, with other additional facts found by the court on further evidence.
Prior to the adoption of the state constitution of 1865, inhibiting special legislation, it is to be conceded to the defendants that it was within the power of the legislative department of the state to pass special acts authorizing the sale of present interests of minors, persons non compos mentis, and the sale of minors’ lands…
2Cases cited21 opinions
- Grafton v. CummingsSupreme Court of the United States · 1879
- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- Kelly v. ThueySupreme Court of Missouri · 1898
- Deputron v. YoungSupreme Court of the United States · 1890
- Ringer v. HoltzclawSupreme Court of Missouri · 1892
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3Cited by2 opinions
- Buder v. FranzCourt of Appeals for the Eighth Circuit · 1928
- Gwinn v. Iron Belt Building & Loan Ass'nU.S. Circuit Court for the District of Western New York · 1904