Carman v. Johnson
Supreme Court of Missouri
Appeal from Ciarle Circuit Court. This was an action for the possession of forty acres of land, which the plaintiff claimed under a patent from the United States, dated April 19, 1850. The defendant claimed the land under an entry with the register and receiver of the land office at Palmyra, dated June 21st, 1847. Under the instructions of the Circuit Court, the substance of which is stated in the opinion of Judge Gamble, the plaintiff submitted to a nonsuit, and after an…
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Appeal from Ciarle Circuit Court. This was an action for the possession of forty acres of land, which the plaintiff claimed under a patent from the United States, dated April 19, 1850. The defendant claimed the land under an entry with the register and receiver of the land office at Palmyra, dated June 21st, 1847. Under the instructions of the Circuit Court, the substance of which is stated in the opinion of Judge Gamble, the plaintiff submitted to a nonsuit, and after an unsuccessful motion to set the same aside, appealed to this court. 1. When there is authority in the officer issuing a…
1Opinion of the CourtGamble, Judge
The plaintiff claims the land in controversy in this ejectment under a patent. The defendant sets up an egy¡¡jy older than the patent, and denies that, after his entry, the United States had a right to sell the land to the plaintiff, or to issue a patent, and alleges that the plaintiff obtained the patent by fraud, and that therefore it is void.
Evidence was given for the purpose of showing that the plaintiff, having entered by mistake a different tract of land, had applied to have the entry cancelled, and to.have the money applied to the entry of the land now in dispute; such applications…
2Cases cited1 opinion
- Griffith v. DeerfeltSupreme Court of Missouri · 1852
3Cited by11 opinions
- Cunningham v. SnowSupreme Court of Missouri · 1884
- Mosher v. BaconSupreme Court of Missouri · 1910
- Sebree v. PattersonSupreme Court of Missouri · 1887
- Johnson v. FluetschSupreme Court of Missouri · 1903
- Widdicombe v. ChildersSupreme Court of Missouri · 1884
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