Shelton v. Franklin
Supreme Court of Missouri
Appeal from Pemiscot Circuit Court.- — Hon. Henry G. Riley, Judge. (1) Plaintiff failed to show that he ever had any title to the land!. Under the evidence the title is still in the Government.
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Appeal from Pemiscot Circuit Court.- — Hon. Henry G. Riley, Judge. (1) Plaintiff failed to show that he ever had any title to the land!. Under the evidence the title is still in the Government. He introduced certain entries in ‘ ‘ Carleton’s Abstract, ’ ’ but these entries do not prove that plaintiff ever had any title, for these reasons: (a) The act authorizing “Carleton’s Abstract” to be received in evidence, approved March 28, 1901, was the only foundation on which the entries were offered. The act being a special and local law, “changing the rules of evidence,” etc., is unconstitutional;…
1Opinion of the CourtGraves, J.
This case reached the Court in Banc on an opinion filed in Division One by the writer, which opinion was concurred in by all the judges then present. Motion for rehearing was filed and upon consideration the writer was considerably shaken in the views he had expressed in the divisional opinion and the motion was sustained and the cause sent to the Court in Banc, on account of the grave character of several questions passed upon in the divisional opinion, and to the end- that further light might be gathered from a reargument of the case.
In course of time it was reargued and submitted and after…
2Cases cited11 opinions
- Kelly v. HurtSupreme Court of Missouri · 1875
- Scullin v. Wabash RailroadSupreme Court of Missouri · 1905
- Fine v. St. Louis Public SchoolsSupreme Court of Missouri · 1860
- Groff v. JonesNew York Supreme Court · 1831
- Rector v. HarttSupreme Court of Missouri · 1844
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Shelton v. HorrellSupreme Court of Missouri · 1911
- Common School Dist. No. 27 v. BrinkmannMissouri Court of Appeals · 1950
- Griffin v. FranklinSupreme Court of Missouri · 1909
- DePaige v. DouglasSupreme Court of Missouri · 1911
- Mangold v. BaconSupreme Court of Missouri · 1910
10 more not listed; retrieve them via the Exa API.