Legal Opinion

Keaton v. Hamilton

Supreme Court of Missouri

Decided March 28, 1919PublishedCited by 1 opinion

Appeal from New Madrid Circuit Court. — Hon. Frank Kelly, Judge. (1) The land in question was in Stoddard County-on May 1, 1869, and the commissioner’s deed to Starrs conveyed the land to him Keaton v. Hamilton, 264 Mo. 574. (2) The judgment under which the land Ayas sold for taxes in 1894 is void for the reason that William Burns, the defendant in said suit, died on December 3, 1893, and the first insertion of the order of publication containing the correct description of…

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Appeal from New Madrid Circuit Court. — Hon. Frank Kelly, Judge. (1) The land in question was in Stoddard County-on May 1, 1869, and the commissioner’s deed to Starrs conveyed the land to him Keaton v. Hamilton, 264 Mo. 574. (2) The judgment under which the land Ayas sold for taxes in 1894 is void for the reason that William Burns, the defendant in said suit, died on December 3, 1893, and the first insertion of the order of publication containing the correct description of the land was not had until the 16th dayi of December, 1893. Kellogg v. Moore, 196 S. W. 15; State ex rel. v. Riley, 219…

1Opinion of the CourtBlair, P. J.

Keaton appeals from an adverse judgment in a suit he brought nnder Section 2'535, Revised Statutes 1909, to quiet title to that part of Section 20, Township 24, Range 13 lying west of Little River. The answer avers respondents own the land, pleads the ten and thirty-one year Statutes of Limitation and laches, and prays to have the title quieted. The judgment quiets the title in respondents.

The question presented is whether there is substantial evidence warranting a finding for respondents. The land involved was patented to the State under the Swamp Land Act of September 28, 1850, and passed…

2Cases cited3 opinions

  1. Thompson v. . BurhansNew York Court of Appeals · 1874
  2. Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
  3. Keaton v. HamiltonSupreme Court of Missouri · 1915

3Cited by1 opinion

  1. State ex rel. Carr v. CaruthersMissouri Court of Appeals · 1954

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