McCartney v. Alderson
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. I. Section 7 of the Limitation Act (Wagn. Stát., 917) evidently excepts from the operation of § 1 the class of cases enumerated in the said § 7. (Wagn.
Read the full summary
Appeal from St. Charles Circuit Court. I. Section 7 of the Limitation Act (Wagn. Stát., 917) evidently excepts from the operation of § 1 the class of cases enumerated in the said § 7. (Wagn. Stat., 896, §§ 2, 5.) Section 7, being incompatible with and repugnant to § 1, so far as grants to public, pious and charitable uses are concerned, restrains and repeals so much of § 1, and such repeal takes effect on tlie 1st of August, 1866. The common law rule of construction is the same. (Dwar. Const. Stat., 658, 765; Patterson’s Dwar., 110, 117; Stockett vs. Bird, 18 Md., 484.) Whether § 7 should be…
1Opinion of the CourtWagner, Judge
*321This was an action of ejectment to recover a certain lot of ground situated in the city of St. Charles. The lot is one of a series granted by the United States Government to the towns, in. which they lie,'for school purposes. The plaintiffs showed possession in. themselves, and those under whom they claimed, from 1831 continuously down to 1867. This possession was accompanied with a paper title emanating from the trustees of the town. At the last named time the defendants, pretending to derive title from the school board, forcibly entered and took the possession.
It appears tliat in 1831 one…
2Cases cited1 opinion
- School Directors of St. Charles v. GoergesSupreme Court of Missouri · 1872
3Cited by8 opinions
- Mississippi County v. VowelsSupreme Court of Missouri · 1890
- Neilson v. County of CharitonSupreme Court of Missouri · 1875
- Connecticut Mutual Life Insurance v. City of St. LouisSupreme Court of Missouri · 1889
- St. Louis, Iron Mountain & Southern Railway Co. v. McGeeSupreme Court of Missouri · 1882
- Bonsor v. Madison CountySupreme Court of Missouri · 1907
3 more not listed; retrieve them via the Exa API.