Keene v. Barnes
Supreme Court of Missouri
Error to Boone Circuit Court. This was an action in the nature of an action of ejectment against Tarlton Barnes, Philip Barnes and Samuel Ash-lock, to recover possession of the south-west quarter of section fifteen, township forty-seven, range eleven. The defendants denied joint possession, and asserted several and adverse occupancy. The plaintiff, in support of his title, introduced transcripts of entries at the land office.
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Error to Boone Circuit Court. This was an action in the nature of an action of ejectment against Tarlton Barnes, Philip Barnes and Samuel Ash-lock, to recover possession of the south-west quarter of section fifteen, township forty-seven, range eleven. The defendants denied joint possession, and asserted several and adverse occupancy. The plaintiff, in support of his title, introduced transcripts of entries at the land office. These entries showed that one Burckhart had first entered the quarter section in controversy in 1818 and had paid part of the purchase money. Plaintiff also introduced a…
1Opinion of the CourtScott, Judge
There was no specific objections made to the instruments by which the plaintiff’s title was shown. Objections to legal instruments as evidence must be specific and made in the court below, as they can not be noticed here for the first time. The act of March 2, 1821, authorized the purchasers of public lands to relinquish their purchases, and although Christopher Burckhart was the original purchaser of the tract in controversy, yet the record shows that Angus L. Langham received the final certificate of entry as the assignee of Burckhart. The plaintiff claims through Langham, and there was no…
2Cases cited2 opinions
- Jackson ex dem. Murray v. HazenNew York Supreme Court · 1807
- Kennerly v. ShepleySupreme Court of Missouri · 1852
3Cited by7 opinions
- Beetson v. . StoopsNew York Court of Appeals · 1906
- Farnham v. JonesSupreme Court of Minnesota · 1884
- Sutton v. CasseleggiSupreme Court of Missouri · 1883
- Norton v. ReedSupreme Court of Missouri · 1913
- Yankee v. ThompsonSupreme Court of Missouri · 1873
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