Jasper County v. Tavis
Supreme Court of Missouri
. Appeal from Jasper Court of Common Fleas.—Hon. E. O. Brown, Judge. This was an action of ejectment for' a forty acre tract of swamp land. Defendant claimed under one Geo. E. Ward.
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. Appeal from Jasper Court of Common Fleas.—Hon. E. O. Brown, Judge. This was an action of ejectment for' a forty acre tract of swamp land. Defendant claimed under one Geo. E. Ward. The evidence given at the trial showed that on the 11th day of February, 1858, the county court of Jasper county sold this tract, with many others, to Ward at ninety cents per acre ; that Ward was to give his note with approved security for the purchase money of all the tracts’ the note to be payable on the 11th day of February, 1859, and to bear interest after maturity at ten per cent per annum; that the note was…
1Opinion of the Court
I
Sherwood, C. J.
As the legal title of the land remained in the county, Ward only having acquired an equitable title by reason of his certificate of purchase, any transferee from him could not occupy any higher or, better position, and must be regarded as a purchaser with notice, and as taking the land subject to any contract Ward had previously made with the county respecting the land purchased. A suit was pending in Cedar county on the note of Ward given for this and other lands, which note bore ten per cent interest, and while this suit was pending Ward made the written proposal to the…
2Cited by1 opinion
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