Alt v. Fullerton
| Decision Date | 14 July 1899 |
| Citation | 52 S.W. 400,151 Mo. 598 |
| Parties | ALT et al. v. FULLERTON et al. |
| Court | Missouri Supreme Court |
In ejectment it appeared that by Act Feb. 10, 1865 (Laws 1865, p. 310), the land in question was changed from S. county to C. county, and after this act C. county, by patent, conveyed the land to plaintiffs' grantor. Patents to defendants' grantors by S. county, purporting to convey land in S. county, were issued prior to the time the patents were issued to plaintiffs' grantor, but after the lands were in C. county, and were never recorded in C. county. Held, that plaintiffs were entitled to recover, as the patents to defendants conveyed no legal title to the lands lying in C. county, and their record in S. county imparted no notice.
Appeal from circuit court, Cape Girardeau county; H. C. Riley, Judge.
Ejectment by George E. Alt and others against James M. Fullerton and others. There was a judgment for defendants, and plaintiffs appeal. Affirmed.
Wilson Cramer, Robt. G. Ranney, and Frank E. Burrough, for appellants. Wm. H. Miller, B. F. Davis, and B. B. Cahoon, for respondents.
Ejectment for the N. ½ of section 26, township 30, range 13, in Cape Girardeau county. Defendants disclaim as to S. ½ of N. E. ¼, which disclaimer plaintiffs accept. As to remainder the answer is a general denial and plea of estoppel because plaintiffs' grantor, Cape Girardeau county, had caused the lands to be assessed to defendants' grantors, and had accepted taxes from them. Reply, general denial. Plaintiffs deduce title through Cape Girardeau county, and the defendants through Scott county. The land is swamp land, and this litigation results from a claim by defendants that prior to the act of the general assembly of Missouri approved February 10, 1865 (Laws Mo. 1865, p. 310), the land was in Scott county. It is conceded by all parties that since that act the land in suit lies in Cape Girardeau county. Plaintiffs read in evidence the act of congress approved September 28, 1850, granting to the state of Missouri all "swamp and overflowed lands" within this state remaining unsold at the time of the passage of the act, and a patent in pursuance thereof, dated August 22, 1856, and the act of the general assembly of Missouri approved February 23, 1853 (Acts 1853, pp. 108, 109), donating all swamp lands lying in the counties of Scott, Cape Girardeau, and other counties named, to the counties in which they lie. The act of March 10, 1869 (Laws Mo. 1869, p. 66), authorized the governor to issue patents to counties, and provided that these patents should be prima facie evidence of title in the counties where the lands lie. Patent was issued to Cape Girardeau county, dated November 4, 1871, and duly recorded in Cape Girardeau county, conveying this land in suit. Cape Girardeau county, by patent, conveyed this land to William J. Alt, March 29, 1875, which was duly recorded. William J. Alt, by proper deed, September 25, 1895, conveyed the lands to plaintiffs, and the deed was recorded. Alt paid the taxes from date of his patent to time of trial. On the part of defendants section 48 of the Missouri Statutes of 1845 were introduced, to show the boundary of Cape Girardeau county, and section 84 of the same Statutes, to show the boundaries of Scott county, especially the clause, "thence to and following...
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De Lassus v. Winn
...county. Constructive notice is a creature of the statute, and, to be of any force, the statute must be complied with. Alt v. Fullerton, 151 Mo. 603, 52 S. W. 400. 2. There was no error in refusing a new trial on the ground of newly discovered evidence, the purport of which was that since th......