Kane v. Kansas City, Fort Scott & Memphis Railway Co.
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The deed from the administrator to Michael Kane carried with it all the right, title and interest in and to the land in question, that Gabriel Shackelford had at the time of his death. Revised Statutes of 1889, eh. 1, art. 8, see. 171. The order of sale of the land was valid. Van Bibber v. Julian, 81 Mo. 618. This ease establishes the validity of plaintiff’s title.
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Appeal from Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The deed from the administrator to Michael Kane carried with it all the right, title and interest in and to the land in question, that Gabriel Shackelford had at the time of his death. Revised Statutes of 1889, eh. 1, art. 8, see. 171. The order of sale of the land was valid. Van Bibber v. Julian, 81 Mo. 618. This ease establishes the validity of plaintiff’s title. It was prior to any rights that defendant may have had by condemnation proceedings. (2) The proceedings had by defendant to condemn the land were invalid under…
1Opinion of the CourtBarclay, J.
This is an action of ejection for a strip of land used by defendant for railroad purposes in Grreene county. The judgment of the trial court, was in favor of defendant. Plaintiffs appealed.
*37The facts lie within a narrow compass, and are all admitted.
The conflicting titles trace to Gabriel P. Shackelford as the common source.
Plaintiffs are the widow and heirs of Michael Kane, deceased, who, in his lifetime, bought a piece of land (including that in dispute) at a sale by Shackelford’s administrator -to pay debts of that estate. This sale occurred in 1884 and was duly perfected by deed to Mr.…
2Cases cited4 opinions
- Watson v. New York Central RailroadNew York Court of Appeals · 1872
- Wilson v. HathawaySupreme Court of Iowa · 1875
- Van Bibber v. JulianSupreme Court of Missouri · 1884
- Whiting v. City of New HavenSupreme Court of Connecticut · 1877
3Cited by15 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Brown v. MorrisSupreme Court of Missouri · 1956
- City of St. Louis v. Christian Bros. CollegeSupreme Court of Missouri · 1914
- Hilton v. SmithSupreme Court of Missouri · 1896
- McGill v. City of St. JosephMissouri Court of Appeals · 1931
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