Gamache v. Piquignot
Supreme Court of Missouri
Error to St. Louis Circuit Court. 1. The certificate of confirmation of the recorder of land titles, dated January 22, 1839, was erroneously excluded from tbe jury.
Read the full summary
Error to St. Louis Circuit Court. 1. The certificate of confirmation of the recorder of land titles, dated January 22, 1839, was erroneously excluded from tbe jury. It was prima facie evidence of title, and ought to have prevailed, until the defendants had shown a prior or a superior title, or at least, until they had disproved the facts necessary to bring this claim within the operation of the act of June 13, 1812. Neither the certificate, nor the facts of which it is evidence, can be questioned by one in possession merely. Montgomery v. Landusky, 9 Mo. Pep. 714, 718. The certificate proves…
1Opinion of the CourtGamble, Judge
This was an action of ejectment to recover possession of a small piece of land near the town of Carondelet, brought by Gamache and others against Piquignot.
The plaintiffs claim that the title of their ancestor, John B. Gamache, was confirmed by the act of the 13th June, 1812. In support of this position, there were offered in evidence certain documents issued from the office of the recorder of land titles. The first was a paper claimed tobe a certificate of confirmation, issued by Conway, the recorder of land titles, dated 22d January, 1839, under the act of congress of the 26th May, 1824.…
2Cases cited1 opinion
- Hunter v. HemphillSupreme Court of Missouri · 1839
3Cited by3 opinions
- Guitard v. StoddardSupreme Court of the United States · 1854
- Vasquez v. EwingSupreme Court of Missouri · 1868
- Williams v. CarpenterSupreme Court of Missouri · 1868