Cooley v. Golden
Missouri Court of Appeals
Appeal from the Atchison. Circuit Court. — Hon. Cyeus A. Anthony, Judge. (1) The court erred in refusing to give instruction number 4 to the effect that in the absence of other evidence the middle of the main channel would be presumed to be in the middle of the river bed, that is, half way between the Missouri and Nebraska shores, as they existed at time of cut-off. The center of the channel is the boundary.
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Appeal from the Atchison. Circuit Court. — Hon. Cyeus A. Anthony, Judge. (1) The court erred in refusing to give instruction number 4 to the effect that in the absence of other evidence the middle of the main channel would be presumed to be in the middle of the river bed, that is, half way between the Missouri and Nebraska shores, as they existed at time of cut-off. The center of the channel is the boundary. See act April 19, 1864, admitting Nebraska, 13 United States Statutes, 47; 2 Brightly’s Digest, p. 340; Angelí on Watercourses [Ed. 1869] sec. 10, p. 16, note 2; Angelí on Watercourses,…
1Opinion of the CourtSmith, P. J.
— This is an action of forcible entry and detainer which was brought before a justice of the peace of Atchison county.
By the act of congress, approved June 7, 1836, United States Statutes at Large, 34, entitled “An act to extend the western boundary of the state of Missouri to the Missouri river,” it was provided that, when the Indian title to all the lands lying between the state of Missouri and the Missouri river should be extinguished, the jurisdiction over said lands should be thereby ceded to the state of Missouri. It is to be observed that the act ceded the land between the old state…
2Cases cited10 opinions
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