Archer v. Bacon
Supreme Court of Missouri
ERROR TO PIICE CIRCUIT COURT, 1st. There was no evidence in the cause showing who were the heirs at law of Antoine Dubreuil. The record of proceedings in partition was competent evidence to show a transfer cf right from the parties thereto to Chauvette Dubruiel, but nothing more. The plaintiff ought to have shown aliunde the heirship of those paities. 2d.
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ERROR TO PIICE CIRCUIT COURT, 1st. There was no evidence in the cause showing who were the heirs at law of Antoine Dubreuil. The record of proceedings in partition was competent evidence to show a transfer cf right from the parties thereto to Chauvette Dubruiel, but nothing more. The plaintiff ought to have shown aliunde the heirship of those paities. 2d. Dubruiel never acquiied any right legal or equitable in any specified land by virtue of his concession from the Spanish government. 10 Peters 329 ; lb. 338 ; 7 Mo. R. 102 ; consequently his claim was not cognizable by the board of…
1Opinion of the Court
Napton, judge,
delivered the opinion of the court.
This was an ejectment to recover a small portion of a larger tract, supposed to be confirmed to the heirs of Antoine Dubruiel. The title which the plaintiff produced on the trial was as follows :
1. The proceedings of the hoard of commissioners in 1811, by which it appeared that, on Dec. 17, 1799, Antoine Dubruiel presented a petition to the lieutenant governor Delassus, stating that being desirous of establishing salt works on the river Aux Boeuf, (Buffale Creek) about thirty leagues from St. Louis, he desired a grant of one hundred arpens…
2Cited by2 opinions
- McCamant v. RobertsTexas Supreme Court · 1886
- McCloskey v. Pulitzer Publishing Co.Supreme Court of Missouri · 1899