Legal Opinion

Utassy v. Giedinghagen

Supreme Court of Missouri

Decided December 23, 1895PublishedCited by 4 opinions

Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. Plaintiff, as child and heir of A. W. Beyse, was-entitled to recover. No issue over the question of alienage was made by the pleadings. Defendant, therefore, can not question the title of plaintiff on account, of alienage. State v. Killian, 51 Mo. 80; Burke v. Adams, 80 Mo. 504. The title of an alien is not subject to collateral attack.

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Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. Plaintiff, as child and heir of A. W. Beyse, was-entitled to recover. No issue over the question of alienage was made by the pleadings. Defendant, therefore, can not question the title of plaintiff on account, of alienage. State v. Killian, 51 Mo. 80; Burke v. Adams, 80 Mo. 504. The title of an alien is not subject to collateral attack. Our law of escheats always contemplated a judgment of office found before there could be escheat and vesting of title in the state. 1 Sharswood. & Budd’s Leading Cases in Am, Law of Real…

1Opinion of the CourtBubgess, J.

Ejectment for a tract of two hundred and forty acres of land in Gasconade county. The petition is in the usual form. The answer, after denying each and every allegation in the petition, pleads by way of special defense the statute of limitations.

Plaintiff made reply to defendant’s answer, denying each and every allegation therein. And then replying further alleges, that she became the owner in fee simple of the-land sued for on the thirteenth day of August, 1852, through inheritance from her father, Augustus W. Beyse, who died on said date, seized and possessed of and the owner of said…

2Cases cited1 opinion

  1. Farrar v. DeanSupreme Court of Missouri · 1856

3Cited by4 opinions

  1. Muth ex. of Reuter v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1901
  2. Hach v. RollinsSupreme Court of Missouri · 1900
  3. Moeckel v. HeimSupreme Court of Missouri · 1896
  4. Kenney v. Kansas CityMissouri Court of Appeals · 1899

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