Legal Opinion · Dissent

Dent v. Sigerson

Supreme Court of Missouri

Decided March 15, 1860Published

Error to St. Louis Circuit Court. The facts in evidence are sufficiently set forth in the opinion of the court. The following instructions asked by the plaintiff were refused : 1. If the jury believe from the evidence that there was no grant, concession or survey of any land south of the river Des Peres as commons for the village of Carondelet, nor any use of land there for that purpose, under and by the authority of the Spanish government, then the act of Congress of June…

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Error to St. Louis Circuit Court. The facts in evidence are sufficiently set forth in the opinion of the court. The following instructions asked by the plaintiff were refused : 1. If the jury believe from the evidence that there was no grant, concession or survey of any land south of the river Des Peres as commons for the village of Carondelet, nor any use of land there for that purpose, under and by the authority of the Spanish government, then the act of Congress of June 13,1812, and of 1831, did not confirm any land there as commons. 2. The reply of Zenon Trudeau to the petition of…

1DissentScott, Judge

Although the plaintiff Dent stands on the record in the attitude of one seeking to eject the defendants from their possession, yet, from this record and others agreed to be made part of it, it appears that he was the prior occupant of the land in controversy, it being a *515part of a larger tract confirmed to him by the act of Congress of the 4th July, 1836. His controversy is in reality with the city of Carondelet, as the defendants claim through her. The possession of the plaintiff was long prior to any lease of the land in suit by the city of Carondelet, by whom it was claimed as a part of her…

2Cases cited11 opinions

  1. West v. CochranSupreme Court of the United States · 1855
  2. Menard's Heirs v. MasseySupreme Court of the United States · 1850
  3. Pulliam v. OsborneSupreme Court of the United States · 1855
  4. Les Bois v. BramellSupreme Court of the United States · 1846
  5. MacKay v. DillonSupreme Court of the United States · 1846

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