Frowein v. Poage
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Hon. David H. Eby, Judge. The pleadings made a ca,se of controversy simply and purely as to the legal title to land.
Read the full summary
Appeal from Marion Circuit Court. — Hon. David H. Eby, Judge. The pleadings made a ca,se of controversy simply and purely as to the legal title to land. The court ruled: (1) That the question which of two claimants of adverse title at law was vested with the true title, could he tried and determined hy a proceeding under Sec. 650, R. S. 1899; (2) that under said section said question was required to be tried by the court as in equity, and that defendant was without right under the Constitution and laws of Missouri to have same tried by jury; (3) that under said section the court could not…
1Opinion of the CourtGantt, P. J.
This action was brought under section 650, Revised Statutes 1899.
In substance the petition avers that tbe plaintiff is tbe owner in fee of tbe tract of land, described therein, as an accretion to other lands belonging to him on tbe west shore or bank of tbe Mississippi river in Marion county.
Tbe specific tract to which plaintiff asserted title is about fifty acres, tbe southern boundary thereof being tbe road embankment from tbe old bank of said river to the bank or shore line of Goose Island, tbe northern line thereof being a dike made by tbe United States Government, tbe western line being…
Also in this document: Concurrence.
2Cases cited6 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Lee v. ConranSupreme Court of Missouri · 1908
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Berry v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Withers v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Peniston v. Hydraulic Press Brick Co.Supreme Court of Missouri · 1911
- Bratschi v. LoeschSupreme Court of Missouri · 1932
- Grading Independence & Westport Road v. SmithSupreme Court of Missouri · 1911
- City of St. Louis v. Senter Commission Co.Supreme Court of Missouri · 1937
- Fehrenbach Wine & Liquor Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.