Legal Opinion

State ex rel. Patterson v. McReynolds

Supreme Court of Missouri

Decided October 15, 1875PublishedCited by 26 opinions

Jlpjpealfrom Bates County Circuit Court. In Missouri, the “ Commons” were by laws of tlie United States secured to the towns and villages which had a legal existence when the United States acquired said territory. But where the land was unsettled at the date of that change, and was afterwards surveyed and sold according to legal subdivisions, the “ Commons,” as the word was originally, (see 1 Terr.

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Jlpjpealfrom Bates County Circuit Court. In Missouri, the “ Commons” were by laws of tlie United States secured to the towns and villages which had a legal existence when the United States acquired said territory. But where the land was unsettled at the date of that change, and was afterwards surveyed and sold according to legal subdivisions, the “ Commons,” as the word was originally, (see 1 Terr. Laws, pp. 1S4-5, § 687) and is still understood, could have no legal existence. There were no commons attached to the village of Butler, but most of the outlying lands were farms, and any attempt…

1Opinion of the Court

Y oríes, Judge,

delivered the opinion of the court.

’This is an- information in the nature of a quo toarranlo filed in the Bates circuit court by the circuit attorney of said circuit, to inquire into the authority by which the defendants claimed to exercise and were exercising the powers and duties of trustees of the town of Butler, in said county.

The petition was'filed on the 21st day of June, 1873, and averred that the defendants, without the authority of law, were exercising and usurping the rights and duties of trustees of the “ Inhabitants of the Town of Butler,” in the county *205of Rates, in…

2Cases cited3 opinions

  1. Giboney v. City of Cape GirardeauSupreme Court of Missouri · 1874
  2. Woods ex rel. Rogers v. HenrySupreme Court of Missouri · 1874
  3. State ex rel. O'Sullivan v. CoffeeSupreme Court of Missouri · 1875

3Cited by26 opinions

  1. State v. FlemingSupreme Court of Missouri · 1900
  2. State ex rel. Hammond v. DimondNebraska Supreme Court · 1895
  3. Copeland v. City of St. JosephSupreme Court of Missouri · 1895
  4. State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
  5. State v. ChampSupreme Court of Missouri · 1965

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