Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 173

Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 173

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...the right to dispose of the land at private sale for less than $1.25 per acre at the time plaintiffs' remote grantors purchased the same, and that the county can not impeach the conveyances made by it. (3) The county justices and the other officers of the county were advised that these lands were for sale by the purchasers from the county, and had both constructive and actual notice of the sales after they were made. There has been no time since the sale in 1869 that plaintiffs and their grantors have not been in such possession as could be taken of the lands, and the county admits they "have exercised acts of ownership over said lands" ever since they purchased them. "It is well settled that the doctrine of laches applies to a county or other municipal corporation, as well as to individuals." Dillon on Municipal Corporations, sec. 548; Dunklin County v. Chouteau, 120 Mo. 594; State ex rel. V. West, 68 Mo. 229; County v. Post, 93 U. S. 502; County v. American Emigrant Co., 93 U. S. 124; Huff v. Buch'anan, 27 Fed. 328; Murphy v. Packer, 152 U. S. 398; Boone County v. Railroad, 139 U. S. 684; Railroad v. Dist. of Columbia, 132 U. S. 1. (4) On March 14, 1901, the Legislature passed an act to quiet the title to swamp and overflowed lands. The swamp lands do not belong absolutely to the county. In their disposition the county courts do not act independently of the authority of the State. Barton Co. v. Walser, 47 Mo. 189. The county's very existence may be determined if the State ' shall so decide. The power of the Legislature to enact the statute of 1901 can not be questioned. Barton Co. v. Walser, supra; State, etc. v. Co. Ct. St. Louis Co., 34 Mo. 546; Connor v. Bent, 1 Mo. 235; Railroad v. Marion...
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Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • English
  • Illustrations, black and white
  • 1236940865
  • 9781236940865