Wilson v. Ward Lumber Co.
U.S. Circuit Court for the District of Eastern Missouri
Action by Florence A. Wilson against the Ward Lumber Company for trespass. This is an, action of ejectment, with consequential damages for cutting and removing timber from a large body of land in Mississippi county, in tills slate. The value of the timber being agreed upon, and a jury being waived, the case is submitted to the court on the single issue of tille. The common source of title has its origin in Act Cong. Feb.
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Action by Florence A. Wilson against the Ward Lumber Company for trespass. This is an, action of ejectment, with consequential damages for cutting and removing timber from a large body of land in Mississippi county, in tills slate. The value of the timber being agreed upon, and a jury being waived, the case is submitted to the court on the single issue of tille. The common source of title has its origin in Act Cong. Feb. Ü, 1853, making a grant of the lands in question, for the purpose of aiding in the construction of the Cairo & Fulton Railroad, six sections in width on each side of said…
1Opinion of the CourtPhilips, District Judge
(after stating the facts). From the foregoing statement of facts it is apparent that the question to be decided is whether or not the state of Missouri, by virtue of the two acts of 1855 and 1857, and the issue of the bonds giving the state’s aid to said Cairo & Fulton Railroad Company, and its acceptance thereof, acquired a lien upon the lands granted to said railroad company, as well as to the railroad itself. If the state did acquire such lien, the title to the land in question unquestionably passed, under the foreclosure proceedings and mesne conveyances, to defendant’s grantor. It is not…
2Cases cited10 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Ohio Life Insurance & Trust Co. v. DeboltSupreme Court of the United States · 1854
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Pease v. PeckSupreme Court of the United States · 1856
- Wilson v. BoyceSupreme Court of the United States · 1876
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3Cited by2 opinions
- McIlvaine v. Florida East Coast Railway Co.District Court of Appeal of Florida · 1990
- St. Louis-San Francisco Ry. Co. v. McCornackDistrict Court, W.D. Oklahoma · 1940