Alluvial Realty Co. v. Himmelberger-Harrison Lumber Co.
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) The court erred in dismissing plaintiff’s petition and adjudging the land in question to be in New Madrid County, (a) This being swamp and overflow land, it passed to the State from the United States Government by Act of Congress, September 28, 1850, and by subsequent act of the Legislature said lands were donated to the counties in which they lie. 9 U. S. Stat. at Large, p. 519; Laws 1852-3, p. 108;…
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Appeal from Pemiscot Circuit Court. — Hon. Sterling H. McCarty, Judge. (1) The court erred in dismissing plaintiff’s petition and adjudging the land in question to be in New Madrid County, (a) This being swamp and overflow land, it passed to the State from the United States Government by Act of Congress, September 28, 1850, and by subsequent act of the Legislature said lands were donated to the counties in which they lie. 9 U. S. Stat. at Large, p. 519; Laws 1852-3, p. 108; Laws 1857, p. 32; Laws 1868, p. 69; Sec. 7995, R. S. 1909; Russ v. Sims, 261 Mo. 46; Mosher v. Bacon, 229 Mo. 338. (2)…
1Opinion of the Court
Statutory action to determine title to real estate instituted in the Circuit Court of Pemiscot County, October 19, 1917. The petition alleges in substance that the plaintiff is the owner in fee simple of the south half of the north half of Section Eight, containing one hundred and sixty acres, and the south half of the north half of Section Nine, containing one hundred, fifty-five and 28/100 acres, all in Township Twenty, north, of Range Eleven, east, in Pemiscot County, Missouri; and that the defendant claims some title, interest, or estate therein, adverse to plaintiff. The prayer is…
2Cases cited5 opinions
- Ayers v. WatsonSupreme Court of the United States · 1891
- Rowe v. Cape Fear Lumber Co.Supreme Court of North Carolina · 1903
- Hecker v. SterlingSupreme Court of Pennsylvania · 1860
- Pemiscot County v. Wisconsin Lumber Co.Supreme Court of Missouri · 1912
- State v. Chosen FreeholdersSupreme Court of New Jersey · 1881
3Cited by1 opinion
- Howell v. ReynoldsSupreme Court of Missouri · 1952