Sensenderfer v. Kemp
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. (1) If there was a mistake on the part of W. R. Kemp or the officers of land office whereby Kemp entered land in section 25 instead of section 24, it should have been corrected by the secretary of the interior under the laws of the United States. U. S. R. S., secs. 2369, 2370 et seq.; and the state court had no jurisdiction to grant the relief asked in the case.
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Appeal from Pettis Circuit Court. — Hon. J. P. Strother, Judge. (1) If there was a mistake on the part of W. R. Kemp or the officers of land office whereby Kemp entered land in section 25 instead of section 24, it should have been corrected by the secretary of the interior under the laws of the United States. U. S. R. S., secs. 2369, 2370 et seq.; and the state court had no jurisdiction to grant the relief asked in the case. Smelting v. Kemp, 104 U. S. 636; Quinby v. Conlan, 104 U. S. 420; Sheply v. Cowan, 91 U. S. 330; Johvson v, Townsley, 13 Wall. 72; Moore v. Robbins, 96 U. S. 530. A…
1Opinion of the CourtBlack, J.
This was an action of ejectment for the west half of the northwest quarter of section 24, township 47, range 21, in Pettis county. The defendants are the widow and heirs of William T. Kemp, and their tenants. The Kemps set up an equitable defense, and prayed for affirmative relief, which was granted divesting the plaintiff of his title and investing the same in these defendants, from which decree plaintiff appealed.
William R. Kemp, claiming to own this property and being in possession, made a deed of trust on the same, under which it was sold in 1853, to William Kemp, and by him conveyed to…
2Cases cited4 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Garland v. WynnSupreme Court of the United States · 1857
- Speck v. RigginSupreme Court of Missouri · 1867
- Eck ex rel. Taylor v. HatcherSupreme Court of Missouri · 1874
3Cited by14 opinions
- Gross v. WattsSupreme Court of Missouri · 1907
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Bailey v. WinnSupreme Court of Missouri · 1890
- Marshall v. HillSupreme Court of Missouri · 1912
- Hedrick v. BeelerSupreme Court of Missouri · 1892
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