Dunklin County v. Chouteau
Supreme Court of Missouri
Appeal from Madison Circuit Court. — Hon. Jamesi D. Pox, Judge. (1) The subscription of the county to the Cairo and Fulton Railroad Company and the conveyance of lands to satisfy such subscription was not authorized by the law of 1853, February 24, secs. 29, 32. See act of February 23, 1853, and of March 3, 1851, as to purpose of the grant of the lands, and as to manner of disposition.
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Appeal from Madison Circuit Court. — Hon. Jamesi D. Pox, Judge. (1) The subscription of the county to the Cairo and Fulton Railroad Company and the conveyance of lands to satisfy such subscription was not authorized by the law of 1853, February 24, secs. 29, 32. See act of February 23, 1853, and of March 3, 1851, as to purpose of the grant of the lands, and as to manner of disposition. It could not donate’ these lands- to the railroad company without further permission of the legislature. (See act of February 28, 1853, sec. 2.) The purpose of the donation to the counties was-, first, that…
1Opinion of the CourtBlack, P. J.
The county of Dunklin brought this suit in 1890 against Charles P. Chouteau to set as.ide a patent professing to convey one hundred thousand acres of swamp lands to the Cairo and Eulton Railroad Company; to vacate two orders of the district county court, upon which the patent is based; and to vacate three compromise deeds from the county to the defendant. There was also a count in ejectment. The trial court dismissed the bill and the plaintiff appealed, so we are to consider the equity branch of the case only. The bill contains numerous charges of fraud, but there is no evidence to support…
2Cases cited9 opinions
- Smith v. County of ClarkSupreme Court of Missouri · 1873
- Boone County v. Burlington & Missouri River RailroadSupreme Court of the United States · 1891
- Reed v. OwnbySupreme Court of Missouri · 1869
- Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
- Barton County v. WalserSupreme Court of Missouri · 1871
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3Cited by21 opinions
- Anson v. TietzeSupreme Court of Missouri · 1945
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903
- Mullins v. Kansas CitySupreme Court of Missouri · 1916
- Cape Girardeau & Thebes Bridge Terminal Railroad v. Southern Illinois & Missouri Bridge Co.Supreme Court of Missouri · 1908
- F. G. Oxley Stave Co. v. Butler CountySupreme Court of Missouri · 1894
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