Gibson v. Chouteau
Supreme Court of Missouri
Motion to Affirm Judgment of St. Louis Land Court The recitals on the face of the patent are conclusive against Gibson, who claims under it, that the interfering claims are valid titles. (Glamorgan v. Green, 32 Mo. 285; Carver v. Jackson, 4 Pet. 1, 83, 88 ; Van Rensselaer v. Kearney, 11 How. 297; Primm v. Lajoye, 3 Mo. 529 ; Barnett v. Devenbaugh, 3 Binn. 179 ; Penrose v. Griffith, 4 Binn. 237; Field v. La'ngsdorf, 43 M6. 3*2 ; 36 Mo. 440 ; Sprigg v. Bank of Mt.
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Motion to Affirm Judgment of St. Louis Land Court The recitals on the face of the patent are conclusive against Gibson, who claims under it, that the interfering claims are valid titles. (Glamorgan v. Green, 32 Mo. 285; Carver v. Jackson, 4 Pet. 1, 83, 88 ; Van Rensselaer v. Kearney, 11 How. 297; Primm v. Lajoye, 3 Mo. 529 ; Barnett v. Devenbaugh, 3 Binn. 179 ; Penrose v. Griffith, 4 Binn. 237; Field v. La'ngsdorf, 43 M6. 3*2 ; 36 Mo. 440 ; Sprigg v. Bank of Mt. Pleasant, 12 Pet. 257; Ballance v. Forsythe, 13 How. JL8 ; Magwire v.-Tyler, 8 Wall. 650 ; Chapman v. Armisted, 4 Munf.-382 ; R. C.…
1Opinion of the CourtWagner, Judge
This case was in this court at its October term, 1866, and will be found reported in 39 Mo. 539. We then decided the whole case in favor of the respondent, with a single exception, namely, the statute of limitations. Upon that question we ruled against him, and held that he was barred. On that single point he appealed to the Supreme Court of the United States, and that tribunal has reversed this court, and he now presents his motion asking that judgment be entered up in his favor.
There is obviously nothing more for this court to decide, or, for any court to retry, that is not res adjudicata.…
2Cited by7 opinions
- Chouteau v. GibsonSupreme Court of Missouri · 1882
- Keen v. SchnedlerSupreme Court of Missouri · 1887
- Kinzell v. Chicago, Milwaukee & St. Paul Railway Co.Idaho Supreme Court · 1920
- Buren v. BurenSupreme Court of Missouri · 1883
- Georgia Power Co. v. City of DecaturSupreme Court of Georgia · 1935
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