Oxley Stave Co v. Butler County, Mo 221
Decision Date | 19 April 1897 |
Citation | 17 S.Ct. 709,166 U.S. 648,41 L.Ed. 1149 |
Parties | F. G. OXLEY STAVE CO. et al. v. BUTLER COUNTY, MO., et al. No 221 |
Court | U.S. Supreme Court |
Isaac H. Lionberger, for plaintiffs in error.
F. M. Estes and John F. Dillon, for defendants in error.
Mr. Justice HARLAN, after stating the facts in the foregoing language, delivered the opinion of the court.
This writ of error brings up for review a final judgment of the supreme court of Missouri reversing a judgment of the circuit court of the city of St. Louis, Mo., setting aside, and declaring to be null and void, certain conveyances of lands in Butler county, Mo., and quieting the title thereto of the present plaintiffs in error.
It is contended on behalf of the defendants in error, who were defendants below, that, under the statutes regulating the jurisdiction of this court, we have no authority to re-examine that judgment.
It appears from the petition that the lands in controversy were part of the lands granted to Missouri by the swamp land act of 1850 (9 Stat. 519, c. 84), and were subsequently, in 1857, patented by the state to the Cairo & Fulton Railroad Company, a Missouri corporation, in payment of a subscription to the capital stock of that company by the county of Butler, Mo., which subscription was made under the authority of the state; that, in payment of certain bonds issued by it, the railroad company, on the 23d of May, 1857, conveyed the lands in question, with other lands, to John Moore, John Wilson, and A. G. Waterman, as trustees; that in 1871 Chouteau, having become the owner of the greater portion of such bonds, brought suit in the circuit court of Mississippi county, Mo., for the foreclosure of the above deed of trust in which cuit there was a decree for the defendants; that such decree was reversed by the supreme court of Missouri, and a decree of foreclosure directed to be entered; that the lands were accordingly sold by a commissioner, Chouteau becoming the purchaser; and that afterwards, on the 19th day of November, 1886, Chouteau conveyed the same, with other lands, to the plaintiffs in error.
The petition also alleged that the county of Butler, November 7, 1866, filed in the circuit court of Butler county its petition against the Cairo & Fulton Railroad Company, and Moore, Wilson, and Waterman, trustees as aforesaid, for the purpose of canceling and setting aside the patent from the state to the Cairo & Fulton Railroad Company, as well as the deed of trust from the railroad company to Moore, Wilson, and Waterman, trustees; that in that suit
It was further alleged that in the year 1863 a number of judgments were obtained in the circuit courts of Mississippi county, Mo., against the railroad company, and part of the lands in controversy were sold under execution; various persons becoming the purchasers and receiving conveyances. The petition sets out various sales of lands embraced in the above deed of trust, and makes defendants numerous parties who were in possession claiming title, including the St. Louis, Iron Mountain & Southern Railroad Company. The petition avers: That in the several suits in the Butler circuit court the railroad company etc.
In the court of original jurisdiction the issues were found for the plaintiffs. Some of the defendants moved to set aside the finding a judgment upon these general grounds: Because the court erred in admitting improper, illegal, irrelevant, and incompetent evidence, and in rejecting proper, legal, relevant, and competent evidence; in refusing to sustain defendants' demurrer to the plaintiffs' evidence offered at the close of plaintiffs' case; in finding the issues in favor of the plaintiffs, and in rendering a decree in their favor; and because the decree was against the weight of the evidence. The motion for new trial was overruled, and the cause was carried to the supreme court of Missouri upon the appeal of the county of Butler and others. By the latter court the judgment was reversed, and the cause remanded to the circuit court of the city of St Louis with instructions to enter a final decree dismissing the bill.
The opinion of the supreme court of Missouri is reported in 121 Mo. 614, 26 S. W. 367.
We have made a full statement of the case because of the earnest contention of the plaintiffs in error that this court has authority to re-examine the final judgment of the supreme court of Missouri.
This court may re-examine the final judgment of the highest court of a state when the validity of a treaty or statute of, or an authority exercised under, the United States, is 'drawn in question,' and the decision is against its validity, or when the validity of a statute of, or an authority exercised under, any state, is 'drawn in question' on the ground of repugnancy to the constitution, treaties, or laws of the United States, and the decision is in favor of its validity. But it cannot review such final judgment, even if it denied some title, right, privilege, or immunity of the unsuccessful party, unless it appear from the record that such title, right, privilege, or immunity was 'specially set up or claimed' in the state court as belonging to such party under the constitution, or some treaty, statute, commission, or authority of the United States. Rev. St. § 709.
Looking into the record, we do not find that any reference was made in the court of original jurisdiction to the constitution of the United States. Nor can it be inferred from the opinion of the supreme court of Missouri that that court was informed by the contention of the parties that any federal right, privilege, or immunity was intended to be asserted. For aught that appears, the state court proceeded in its determination of the cause without any thought that it was expected to decide a federal question.
The supreme court of Missouri properly said that only two questions...
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