Home/Supreme Court of Missouri/Hedrick v. Atchison, Topeka & Santa Fe Railroad

Hedrick v. Atchison, Topeka & Santa Fe Railroad

25 S.W. 759, 120 Mo. 516, 1894 Mo. LEXIS 142
Supreme Court of Missouri·Decided February 27, 1894·Published·Cited by 1 cases

Opinion

Sherwood, J.

There was ample evidence to support the decree obtained in the court below. Although the action as begun was ejectment, yet the answers setting up equitable defenses converted the whole proceeding into an equitable one; this, of course, does away with any necessity for examining the declarations of law asked.

As will have been perceived, the controversy hinges on the number of the range, whether 14 or 17. The first paper offered on behalf of defendants, was the following, to wit: a certificate of location and entry by Cavil M. Freeman.

“military bounty land act oe march 3,1855.
“Milan, Mo., Register’s Oeeioe, July 25, 1856.
“Military Land Warrant number 8470, in.the name of Thomas Huelkeld has this day been located by Cavil [527] M. Freeman upon the west half of. the southeast quarter of section 28, in township 61, of range 14, subject to any pre-emption claim which may be filed for said land within forty days from this date.
‘‘Contents of tract located, eighty acres.
“J. Seaman, Register.”

They'next introduced the plat book from the office of the clerk of the county court of Adair county certified by the register of the land office, July 16, 1866, as follows:

. Section 28, township 61, range 14.

[Copied from the township plat-book.in the office of the county clerk, Adair county.]

Then follow mesne conveyances consisting of warranty deeds by which the land in question was conveyed to the defendant company and to its immediate grantors.

They also introduced in evidence exhibits “B,” “F” and “D,” as follows:

[528]

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Hedrick v. Atchison, Topeka & Santa Fe Railroad, 25 S.W. 759, 120 Mo. 516, 1894 Mo. LEXIS 142 (Mo. 1894).

25 S.W. 759 (Hedrick v. Atchison, Topeka & Santa Fe Railroad) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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