Allison v. Hunter
Supreme Court of Missouri
ERROR to Pike Circuit Court. The plaintiff in error relies on the following points : 1st. The evidence offered was legal and relevant, and ought to have been given to the jury. Whether sufficient to prove the facts relied on, was for the jury, and not the court. 2d. The facts sought to be proved were, sufficient to defeat plaintiff’s entry. See the late case of Hill vs. Groom.
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ERROR to Pike Circuit Court. The plaintiff in error relies on the following points : 1st. The evidence offered was legal and relevant, and ought to have been given to the jury. Whether sufficient to prove the facts relied on, was for the jury, and not the court. 2d. The facts sought to be proved were, sufficient to defeat plaintiff’s entry. See the late case of Hill vs. Groom. If the entry was fraudulent it was void; if the land was not subject to entry, it was void; if it was reserved from sale, the entry was void; if it was subject to entry, it was also subject to Watson’s pre-emption,…
1Opinion of the CourtScott, J.
Hunter sued Allison in an action of ejectment, in which he obtained judgment. The title of‘Hunter was a certificate of the United States Receiver.
Allison claimed under Watson, and offered to prove, amongst other things, that the entry was fraudulent and void for the want of authority in the officer to issue, for the reason that the land, at the time of the entry, was subject to the pre-emption claim of Watson; and that the land was not subject to private entry at the date of the certificate, because it had never been offered at public sale, proclaimed by the President of the United States.…
2Cases cited1 opinion
- Smith v. MosierIndiana Supreme Court · 1838
3Cited by1 opinion
- Cunningham v. SnowSupreme Court of Missouri · 1884