Legal Opinion

Magwire v. Tyler

Supreme Court of Missouri

Decided March 15, 1867PublishedCited by 8 opinions

Appeal from St. Louis Court of Common Pleas. The plaintiff filed his petition in. equity against the defendants on September 18,1862, in the St. Louis Land Court, as junior patentee under one Brazeau, patent dated June 10, 1862, to divest the title of defendants under a senior patent to Louis Labeaume of 25th March, 1852, issued on a Spanish survey for Labeaume of 1799, and a confirmation of 22d September, 1810, upon a claim by Labeaume filed 26th February, 1806, for…

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Appeal from St. Louis Court of Common Pleas. The plaintiff filed his petition in. equity against the defendants on September 18,1862, in the St. Louis Land Court, as junior patentee under one Brazeau, patent dated June 10, 1862, to divest the title of defendants under a senior patent to Louis Labeaume of 25th March, 1852, issued on a Spanish survey for Labeaume of 1799, and a confirmation of 22d September, 1810, upon a claim by Labeaume filed 26th February, 1806, for confirmation. The respective titles of the parties were the same as stated in the cases of Magwire v. Tyler, 25 Mo. 483; S. C.…

1Opinion of the CourtHolmes, Judge

This is a suit in the nature of a bill in equity, filed in the St. Louis Land Court, in 1862, and removed by change of venue to the St. Louis Court of Common Pleas, praying the court to divest out of the defendants all the right, title and interest acquired by them in the tract of land therein described, and to vest the same in the plaintiff, and put him in possession ; and that an account might be taken of the rents and profits.

The petition sets forth the history of the plaintiff’s title from its origin under the Spanish Government to its final completion in a patent from the United States…

2Cases cited11 opinions

  1. Randolph v. DonaldsonSupreme Court of the United States · 1815
  2. Bodley v. TaylorSupreme Court of the United States · 1809
  3. Taylor & Quarles v. BrownSupreme Court of the United States · 1809
  4. Landes v. PerkinsSupreme Court of Missouri · 1848
  5. Lessee of Parrish v. FerrisSupreme Court of the United States · 1863

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3Cited by8 opinions

  1. Troll v. City of St. LouisSupreme Court of Missouri · 1914
  2. Johnson v. BallouMichigan Supreme Court · 1874
  3. Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
  4. Mosher v. BaconSupreme Court of Missouri · 1910
  5. Magwire v. TylerSupreme Court of Missouri · 1870

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