Kinion v. Kansas City, Ft. Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Hotvell Circuit Court. — Hon. Joseph 'Cravens, Judge. (1) Defendant made the first lawful entry on the land in question, under a general grant from the United States, took possession of it and has ever since used it for the purposes of the grant, having perfected its original entry in conformity with the terms of such grant.
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Appeal from Hotvell Circuit Court. — Hon. Joseph 'Cravens, Judge. (1) Defendant made the first lawful entry on the land in question, under a general grant from the United States, took possession of it and has ever since used it for the purposes of the grant, having perfected its original entry in conformity with the terms of such grant. Act of Congress, March 3, 1875. (Supplement to U. S. Revised Statutes, 1874-1881, p. 187. (2) It is not subject to ejectment from its right of way, so taken at the suit of a homesteader whose entry was made after defendant’s and whose patent was issued several…
1Opinion of the CourtBlack, P. J.
Plaintiff commenced this action of' ejectment in the Howell county circuit court in 1891 to recover eighty acres of land, alleging an ouster in March, 1882. The defendant admitted possession of a strip one hundred feet in width across one corner of the land, the strip containing three and one-half acres; but denied possession and disclaimed as to all the balance of the land described in the petition.
On the trial the parties made the following admissions :
The land described in the petition was government, land in 1881. The Kansas City, Springfield and Memphis Railroad Company, a corporation…
2Cited by7 opinions
- Seaboard Air Line Railway Co. v. Board of Bond Trustees of Special Road & Bridge District No. 1Supreme Court of Florida · 1926
- Denver & Rio Grande Railroad v. WilsonSupreme Court of Colorado · 1900
- Alexander v. Kansas City, Ft. Scott & Memphis R. R.Supreme Court of Missouri · 1897
- Lewis v. Rio Grande Western Railway Co.Utah Supreme Court · 1898
- Boise Cascade Corporation v. Union Pacific Railroad Company San Pedro, Los Angeles and Salt Lake Railroad Company and the United States of AmericaCourt of Appeals for the Tenth Circuit · 1980
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