Ozark Land & Lumber Co. v. Franks
Supreme Court of Missouri
Appeal from Oregon Circuit Court. — Hon. W. N. Evans, Judge. (1) Inasmuch as the deed in naming Francis Fox, the grantor, described him as the patentee of the land conveyed, and as the other record evidence showed that said Fox was not the patentee of any lands in any other section 26, in range 5, in Oregon county, said deed, in view of said facts, was sufficient to convey said land in section 26, township 25, range 5. The reference in the granting clause of the deed by Fox…
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Appeal from Oregon Circuit Court. — Hon. W. N. Evans, Judge. (1) Inasmuch as the deed in naming Francis Fox, the grantor, described him as the patentee of the land conveyed, and as the other record evidence showed that said Fox was not the patentee of any lands in any other section 26, in range 5, in Oregon county, said deed, in view of said facts, was sufficient to convey said land in section 26, township 25, range 5. The reference in the granting clause of the deed by Fox to him as the patentee of the lands conveyed made his deed good, if he was not the patentee, as the record evidence…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff a corporation, against defendants for trespass in cutting and carrying away from lands in Oregon county, of which plaintiff alleges in its petition that it is the owner, of timber standing and being thereon, of the alleged value of $1,325, and to enjoin and restrain defendants and each of them from cutting timber or removing the same from the lands in question.
A temporary restraining order was granted upon the petition.
The answer was a general denial.
At the trial it was conceded by defendants that plaintiff had title to all the lands described in the petition…
2Cases cited8 opinions
- Jones v. ManlySupreme Court of Missouri · 1875
- Boyd v. EllisSupreme Court of Missouri · 1891
- Strain v. MurphySupreme Court of Missouri · 1872
- Porter v. MarinerSupreme Court of Missouri · 1872
- Brush v. WhiteSupreme Court of Missouri · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mudd v. DillonSupreme Court of Missouri · 1901
- Wiseman v. WattersTexas Supreme Court · 1915
- Federal Land Bank v. McColganSupreme Court of Missouri · 1933
- Hammond v. DarlingtonMissouri Court of Appeals · 1904
- Philip Gruner & Bros. Lumber v. Hartshorn-Barber Realty & Building Co.Missouri Court of Appeals · 1913
8 more not listed; retrieve them via the Exa API.