Thomas v. Wyatt
Supreme Court of Missouri
Appeal from, St. Louis Land Court. I. The only question in this case is whether the holder of a junior patent will be allowed to defeat an older patent for the same land by showing that the grantee named in the latter is a fictitious person. It seems to be too well settled by authority, and too obvious in reason and common sense to admit oi debate, that to every valid grant there must be a grantee capable of taking.
Read the full summary
Appeal from, St. Louis Land Court. I. The only question in this case is whether the holder of a junior patent will be allowed to defeat an older patent for the same land by showing that the grantee named in the latter is a fictitious person. It seems to be too well settled by authority, and too obvious in reason and common sense to admit oi debate, that to every valid grant there must be a grantee capable of taking. (Collins v. Brannin, 1 Mo. 540 ; Gallway v. Einley, 12 Pet. 297 ; Galt v. Gallway, 4 Id. 345 ; McDonald’s heirs v. Smalley, 6 Id. 281; McCracken’s heirs y. Beall & Bowman, 3 A. K.…
1Opinion of the CourtRyland, Judge
This was an action of ejectment for a tract of land in the county of St. Louis. Thomas claimed title under a patent issued by the United States, bearing date the 5th of January, 1843, to Samuel Johnson, for the land, in virtue of an entry made in land office. Thomas obtained title to the land under a decree of the St. Louis Land Court, rendered against Johnson on notice of publication without the appearance of the defendant, vesting Johnson’s title in the plaintiff. The defendant claimed title, and held possession under a patent issued on the same entry to Samuel M. Coleman, assignee of…
2Cases cited3 opinions
- Galloway v. FinleySupreme Court of the United States · 1838
- William T. Galt and Others v. James Galloway, Jun. And OthersSupreme Court of the United States · 1830
- James M'Donald's Heirs v. SmalleySupreme Court of the United States · 1832
3Cited by9 opinions
- Territory ex rel. Bailey v. GayHawaii Supreme Court · 1922
- Reinhard v. Virginia Lead Mining Co.Supreme Court of Missouri · 1891
- White Oak Grove Benevolent Society v. MurraySupreme Court of Missouri · 1898
- Calloway Bank v. EllisMissouri Court of Appeals · 1922
- Western Brass Manufacturing Co. v. BoyceMissouri Court of Appeals · 1898
4 more not listed; retrieve them via the Exa API.