Widdicombe v. Rosemiller
U.S. Circuit Court for the District of Western Missouri
At Law. Actions of ejectment. These are three separate actions of ejectment for the recovery of Island No. 42 in the Missouri river, located in section 19, township 46, range 13 W. of the fifth P. M., containing 48.62 acres, according to the United States survey thereof made in 1820. The defendants owned the land bordering on the west bank of the river in range 14; Fred Rosemiller owning the quarter section farthest north; the defendant Henry G. Rosemiller, the quarter…
Read the full summary
At Law. Actions of ejectment. These are three separate actions of ejectment for the recovery of Island No. 42 in the Missouri river, located in section 19, township 46, range 13 W. of the fifth P. M., containing 48.62 acres, according to the United States survey thereof made in 1820. The defendants owned the land bordering on the west bank of the river in range 14; Fred Rosemiller owning the quarter section farthest north; the defendant Henry G. Rosemiller, the quarter section next south; and the defendant Hugh M. Murphy, the quarter section farthest south. The quarter section owned by Henry…
1Opinion of the CourtPhilips, District Judge
(after stating the facts as above). As both parties to this controversy claim the lands between the original surveys and the present river front as accretions, and the court being of the opinion that said new lands outside of Island No. 42 in front of the Fred Rosemiller tract and the Hugh M. Murphy tract are accretions thereto, and the only claim asserted thereto by the plaintiff is that they are an accretion to Island No. 42, the issues as between the plaintiff and Fred Rosemiller and Hugh M. 'Murphy must be for the defendants as to said accreted lands. The rule of law, as I understand it,…
2Cases cited8 opinions
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- St. Louis v. RutzSupreme Court of the United States · 1891
- Mulry v. . NortonNew York Court of Appeals · 1885
- Cooley v. GoldenSupreme Court of Missouri · 1893
- Benson v. MorrowSupreme Court of Missouri · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fowler v. WoodSupreme Court of Kansas · 1906
- Omaha Indian Tribe v. WilsonCourt of Appeals for the Eighth Circuit · 1978
- Stoner v. RoyarSupreme Court of Missouri · 1906
- Conkey v. KnudsenNebraska Supreme Court · 1942
- Ford v. TurnerDistrict Court of Appeal of Florida · 1962
4 more not listed; retrieve them via the Exa API.