Chouteau v. Nuckolls
Supreme Court of Missouri
Jlppcal from, Franklin Circuit Court. This was an action for the possession of several congressional subdivisions of land in Franklin county, both parties claiming title under Charles Gratiot, the patentee, the plaintiff under an execution sale upon a judgment of the United States Circuit Court for the district of Missouri, and the defendant under an execution sale upon a judgment of the Circuit Court of Warren county.
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Jlppcal from, Franklin Circuit Court. This was an action for the possession of several congressional subdivisions of land in Franklin county, both parties claiming title under Charles Gratiot, the patentee, the plaintiff under an execution sale upon a judgment of the United States Circuit Court for the district of Missouri, and the defendant under an execution sale upon a judgment of the Circuit Court of Warren county. The judgment of the United States Circuit Court against Gra-tiofc was.rendered April 29th, 1843, for the sum of $29,126 43, upon which execution issued dated Auguust 25th,…
1Opinion of the CourtScott, Judge
1. There were no such irregularities in the suit which resulted in a judgment for costs against Gratiot in favor of Robertson, as would render it a nullity. The judgment was rendered by a court of general jurisdiction, to which the cause, it appears, had been transferred, with the consent of both parties. It was regularly in the Gasconade Circuit Court by a change of venue from Franklin county. From Gasconade, it was transferred to Warren county by consent of parties,-where the final judgment was rendered. This was, no doubt, erroneous ; but it is not for error alone that a judgment of a…
2Cited by8 opinions
- Castleman v. RelfeSupreme Court of Missouri · 1872
- McIlwrath v. HollanderSupreme Court of Missouri · 1880
- Christy v. FlanaganSupreme Court of Missouri · 1885
- Kegan v. HaslettMissouri Court of Appeals · 1908
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1902
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