Alexander v. Kansas City, Ft. Scott & Memphis R. R.
Supreme Court of Missouri
Appeal from Hoioell Circuit Court. (1) As between plaintiff and defendant, the latter made the first lawful entry upon the land in question and obtained the first right thereto, and has held it continuously since.
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Appeal from Hoioell Circuit Court. (1) As between plaintiff and defendant, the latter made the first lawful entry upon the land in question and obtained the first right thereto, and has held it continuously since. This is so whether defendant’s rights rest upon the transfer from the homesteader Simpson, or upon a compliance with the act of Congress of March 3, 1875. R. S. U. S. 1878, sec. 2288, 2290, 2291; Sup. to same, p. 187; Kinion v. Railroad, 118 Mo. 582; Hargis v. Railroad, 100 Id. 210; Railroad y. Osborne, 21 Pac. Rep. 421; Wright v. Gish, 94 Mo. Í10; Railroad v. Peronto, 10 A. & E. R.…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment in statutory form for the west half of the northwest quar*466ter of section 21, township 26, range 9, in Howell county, Missouri. Ouster was laid on May 6, 1886. Action commenced October 9, 1891.
The answer admitted possession of a strip one hundred feet wide over and across said land amounting to four and sixty-five hundredths acres, and disclaimed ownership and possession of the remainder of said lands. It then proceeded to aver that in May, 1881, its predecessor the Kansas City, Springfield & Memphis Railroad Company under and by virtue of Its charter and the act…
2Cases cited6 opinions
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Kanaga v. St. Louis, Lawrence & Western RailroadSupreme Court of Missouri · 1882
- Gray v. St. Louis & San Erancisco Railway Co.Supreme Court of Missouri · 1883
- McClellan v. St. Louis & Hannibal RailroadSupreme Court of Missouri · 1890
- Scarritt v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Great Northern Railway Co. v. SteinkeSupreme Court of the United States · 1923
- Rivard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
- Maupin v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Jamestown & Northern Railroad v. JonesNorth Dakota Supreme Court · 1898
- Enid & Anadarko Railway Co. v. KephartSupreme Court of Oklahoma · 1906
1 more not listed; retrieve them via the Exa API.