Franklin v. Haynes
Supreme Court of Missouri
Appeal from Maries Circuit Court. — Hon. E. L. Edwards, Judge. (1) No evidence was ever introduced by the plaintiff showing a survey of the land sued for, or its location. The evidence is that defendant is not in possession of plaintiff’s land. (2) According to the evidence of the surveyor, 'Williams, his survey could not have been correct, nor could he by such a survey locate the land of plaintiff, or of defendant, or properly locate anything.
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Appeal from Maries Circuit Court. — Hon. E. L. Edwards, Judge. (1) No evidence was ever introduced by the plaintiff showing a survey of the land sued for, or its location. The evidence is that defendant is not in possession of plaintiff’s land. (2) According to the evidence of the surveyor, 'Williams, his survey could not have been correct, nor could he by such a survey locate the land of plaintiff, or of defendant, or properly locate anything. (3) According to the evidence the only survey ever made of plaintiff’s land, was made by Terrell when county surveyor at the request of plaintiff’s…
1Opinion of the CourtMaceablane, J.
The action was ejectment to recover the north fractional half (left bank of the Gasconade river) of section 30, township 41, range 8, in Maries county. The answer was a general denial.
It appears from the government plat, offered in evidence, that the Gasconade river flows through the north half of section 30, leaving about twenty acres of the northeast quarter on the south side. Plaintiff had a patent from the United States dated in 1882, describing the land as in the petition and naming the quantity as' twenty and ninety-one hundredths acres. Defendant, it was agreed, had title from the…
2Cited by9 opinions
- Hecker v. BleishSupreme Court of Missouri · 1928
- Lajoie v. Central West Casualty Co.Missouri Court of Appeals · 1934
- Curd v. ReabanSupreme Court of Missouri · 1950
- Jones v. EatonSupreme Court of Missouri · 1925
- Atkinson v. SmothersMissouri Court of Appeals · 1956
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