Callahan v. Davis
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon H. S. Kelley, Judge. (1) The entry of the land by Thompson was simply a contract between him and the United States government by which the land was segregated from the public domain and which the United States agreed to convey to Thompson by its patent.
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Appeal from Nodaway Circuit Court. — Hon H. S. Kelley, Judge. (1) The entry of the land by Thompson was simply a contract between him and the United States government by which the land was segregated from the public domain and which the United States agreed to convey to Thompson by its patent. Thompson held a contract to convey in the shape of a certificate- of purchase which constituted him the equitable owner of the land until the United States should specifically perform its contract to convey by investing him with the legal title and ownership through its patent; until which time the…
1Opinion of the Court
Black,. J. —
The plaintiff commenced this action of *82ejectment in May, 18S1, against William, Patrick, John, and Thomas Davis for the possession of the southwest one-fourth of section 13, and the east one-half of the southeast one-foul th of section 14, all in township 63, range 35, Nodaway county. The answer is a general denial.
The plaintiff offered the following evidence:
1. Certified plat of the original entry of the land, showing that it was entered at a United States land office by Alonzo Thompson, on the tenth of February, 1857.
2. Quit-claim deed from Thompson to Henry Turpin, dated April…
Also in this document: Dissent.
2Cases cited7 opinions
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Bledsoe v. SimmsSupreme Court of Missouri · 1873
- Touchard v. CrowCalifornia Supreme Court · 1862
- Mason v. CrowderSupreme Court of Missouri · 1885
- Sutton v. CasseleggiSupreme Court of Missouri · 1883
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3Cited by15 opinions
- Block v. MorrisonSupreme Court of Missouri · 1892
- Bird v. SellersSupreme Court of Missouri · 1894
- Hammond v. JohnstonSupreme Court of Missouri · 1887
- Dameron v. JamisonSupreme Court of Missouri · 1898
- Roberts v. HudsonWyoming Supreme Court · 1918
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