Wilcox v. Phillips
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — Eon. Jno. P. Butler, Judge. (1) Section 9187, Revised Statutes 1899, provides as.follows: “Government lands entered or located on or prior to the first day of June, shall he taxable for that year, and for every year thereafter.” This statute has been on our books for many years and never until this decision, to our knowledge, has the right of a State to tax lands from the date of entry been questioned.
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Appeal from Sullivan Circuit Court. — Eon. Jno. P. Butler, Judge. (1) Section 9187, Revised Statutes 1899, provides as.follows: “Government lands entered or located on or prior to the first day of June, shall he taxable for that year, and for every year thereafter.” This statute has been on our books for many years and never until this decision, to our knowledge, has the right of a State to tax lands from the date of entry been questioned. The following cases seem to us to settle the question beyond cavil: Witherspoon v. Duncan, 4 Wall. 210; Railroad v. Price County, 133 U. S. 692; Carroll v.…
1Opinion of the CourtGrayes, J.
The facts in this case were elaborately and correctly stated in the opinion first filed, by Marshall, J., which statement, after careful examination, we adopt. The statement follows:
“This is an actionin ejectmentto recoverthe south half of the northwest quarter, and the northeast quarter of the southwest quarter of section 3, township 63, in Sullivan county. The ouster is laid as of the 15th of March, 1902.
“The answer admits the possession of the premis*292es by the defendants, but denies all the other allegations in the petition. The action was originally instituted against the defendants…
2Cases cited20 opinions
- Shepley v. CowanSupreme Court of the United States · 1876
- Stark v. StarrsSupreme Court of the United States · 1868
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Frisbie v. WhitneySupreme Court of the United States · 1870
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3Cited by2 opinions
- Wilcox v. PhillipsSupreme Court of Missouri · 1914
- Harrison Machine Works v. BowersSupreme Court of Missouri · 1906