Legal Opinion

Knight v. Elliott

Supreme Court of Missouri

Decided August 15, 1874PublishedCited by 21 opinions

Error to Chariton Circuit Court. I. Tlie laws of congress prescribing the mode of surveying and sub-dividing fractional sections, are only applicable to tlie original surveying and sub-dividing of such sections by the government, and have no bearing on subsequent surveys made for the purpose of ascertaining where the lines were originally run ; and are therefore not in conflict with the statute of Missouri, regulating such subsequent surveys.

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Error to Chariton Circuit Court. I. Tlie laws of congress prescribing the mode of surveying and sub-dividing fractional sections, are only applicable to tlie original surveying and sub-dividing of such sections by the government, and have no bearing on subsequent surveys made for the purpose of ascertaining where the lines were originally run ; and are therefore not in conflict with the statute of Missouri, regulating such subsequent surveys. I. The acts of congress and the rules and regulations prescribed by the General Land Office, under which the public lands were surveyed, must be…

1Opinion of the CourtTobies, Judge

This was an action of trespass, brought in the Chariton Circuit Court to recover damages for certain trespasses, charged to have been committed by the defendant on the lands of the plaintiff.

The defendant in his answer claimed to be the owner of the lands on which the trespasses were charged to have been committed.

It is shown by the facts appearing in the bill of exceptions, that the plaintiff and defendant were adjoining owners and proprietors of lands situated in the south half of section 18, in township 54, of range 19, in Chariton county, Missouri, the plaintiff being the owner and in the…

2Cited by21 opinions

  1. Jacobs v. MoseleySupreme Court of Missouri · 1886
  2. Mayor of Liberty v. BurnsSupreme Court of Missouri · 1893
  3. Arneson v. SpawnSouth Dakota Supreme Court · 1891
  4. Cordell v. SandersSupreme Court of Missouri · 1932
  5. Dolphin v. KlannSupreme Court of Missouri · 1912

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