Mercier v. Letcher
Supreme Court of Missouri
Lppeal from St. Louis Land Court. 1. The confirmation to Charles Mercier is void, because he was dead before the claim was presented to the recorder. An entry in the name of a dead man is void. (6 Pet. 261; 3 A. K. Marsh. 1080; 4 Pet. 345.) So also a patent.
Read the full summary
Lppeal from St. Louis Land Court. 1. The confirmation to Charles Mercier is void, because he was dead before the claim was presented to the recorder. An entry in the name of a dead man is void. (6 Pet. 261; 3 A. K. Marsh. 1080; 4 Pet. 345.) So also a patent. (12 Pet. 297-8 ; 1 Mo. 540 ; 4 Bibb, 385; 10 How. 373.) 2. If the confirmation be held to be a confirmation to the representatives of Charles Mercier, then it is a confirmation to Jean Marie Courtois, he having claimed the land by virtue of his marriage with the widow of Mercier, and filed the claim before the recorder. 3. The partition…
1Opinion of the CourtRyland, Judge
This was an action in the nature of ejectment, to recover possession of a common field lot in the common field of St. Ferdinand. The plaintiffs claimed title under Charles Mercier, deceased, in whose name the land was (claimed to be) confirmed by the old board, and surveyed.
The deceased, Charles Mercier, died''in 1802, leaving a widow, who married Jean Marie Courtois, in the same year, and five children, Charles Mercier, one of the plaintiffs, and four daughters.
Jean Marie Courtois, claiming a larger, tract, of which the land in controversy was part, as the representative of the deceased…
2Cited by2 opinions
- Berthold v. McDonaldSupreme Court of Missouri · 1856
- St. Louis Gas Light Co. v. ReissSupreme Court of Missouri · 1863