Legal Opinion

Williams v. Carpenter

Supreme Court of Missouri

Decided March 15, 1868Published

Appeal from, St. Louis Circuit Court. This was an action of ejectment to recover possession of a part of a lot of one by forty arpents in the Grand Prairie common fields adjoining St. Louis, and embraced in United States survey 1664. Both parties claimed title under the proof made before Recorder Hunt, pursuant to the act of May 26, 1824, and shown by his minutes of testimony.

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Appeal from, St. Louis Circuit Court. This was an action of ejectment to recover possession of a part of a lot of one by forty arpents in the Grand Prairie common fields adjoining St. Louis, and embraced in United States survey 1664. Both parties claimed title under the proof made before Recorder Hunt, pursuant to the act of May 26, 1824, and shown by his minutes of testimony. They also relied upon a certificate of confirmation, issued by said Hunt to “Louis Lacroix,” of the tract in controversy. The evidence in the case did not differ materially from that shown on the former trials of the…

1Opinion of the CourtHolmes, Judge

This case has already been twice before this court: 28 Mo. 453; 35 Mo. 52. There are some preliminary questions to be disposed of. It is made to appear by the record that previous to the last trial the plaintiff asked leave to file an amended petition, and leave was refused. This amended petition contained certain statements of facts, looking to equitable relief, combined and blended in the same count, with a cause of action in ejectment under the statute, or rather statements of facts which were more properly matters of evidence. The plaintiff does not complain that there was any error in…

2Cases cited21 opinions

  1. Vaughn v. ScadeSupreme Court of Missouri · 1860
  2. Clark v. HammerleSupreme Court of Missouri · 1858
  3. Gelston v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1816
  4. Peyton v. RoseSupreme Court of Missouri · 1867
  5. Jackson ex dem. Shultze v. GoesNew York Supreme Court · 1816

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