Knowlton v. Smith
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. This was an action of ejectment for about fifty-two acres, being part of United States survey No. 1692, originally granted to Antoine Prieur. The whole survey became the property of William P. Clark, whose administrator, in 1842, sold it in two equal portions; the western half to John P. Belton, under whom the plaintiff -claims, and the eastern half to Francis Yosti, under whom the defendant claims.
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Appeal from St. Charles Circuit Court. This was an action of ejectment for about fifty-two acres, being part of United States survey No. 1692, originally granted to Antoine Prieur. The whole survey became the property of William P. Clark, whose administrator, in 1842, sold it in two equal portions; the western half to John P. Belton, under whom the plaintiff -claims, and the eastern half to Francis Yosti, under whom the defendant claims. It did not appear that any dividing line was run at this time, nor did the administrator’s deeds to the parties give any courses or distances, merely…
1Opinion of the CourtWagner, Judge
The chief, error complained of is the second instruction given by the court below at the instance, of the respondent, that the deed from Clark’s administrator to. Belton did not show that the administrator ever made any report of his proceedings in the sale of the land, nor that said report was ever approved by the probate court; and. that as no evidence was offered or introduced showing that said report was ever eonfirmed.or approved, the deed was void, and passed no title on which plaintiff could recover. The proceedings in the probate court, and the sale by the administrator, took place in…
2Cases cited1 opinion
- Valle v. FlemingSupreme Court of Missouri · 1854
3Cited by11 opinions
- Hartung v. WitteWisconsin Supreme Court · 1884
- Bradley v. WestSupreme Court of Missouri · 1875
- Cole v. ParkerSupreme Court of Missouri · 1879
- Walbrunn v. BallenSupreme Court of Missouri · 1878
- Dolde v. VodickaSupreme Court of Missouri · 1871
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