Legal Opinion

Magwire v. Tyler

Supreme Court of Missouri

Decided October 15, 1857PublishedCited by 3 opinions

Appeal from St. Louis Land Court. This was a suit in the nature of a bill in equity. ■ The plaintiff in his petition asserts title in himself to a tract of four by four or sixteen arpens of land embraced within United States survey No.-, for Louis Labeaume or his legal representatives ; and alleges substantially that on the 25th of June, 1794, Don Zenon Trudeau, lieutenant governor of Upper Louisiana, conceded to Joseph Brazeau a tract of four by twenty arpens; that on the…

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Appeal from St. Louis Land Court. This was a suit in the nature of a bill in equity. ■ The plaintiff in his petition asserts title in himself to a tract of four by four or sixteen arpens of land embraced within United States survey No.-, for Louis Labeaume or his legal representatives ; and alleges substantially that on the 25th of June, 1794, Don Zenon Trudeau, lieutenant governor of Upper Louisiana, conceded to Joseph Brazeau a tract of four by twenty arpens; that on the 9th of May, 1798, said Brazeau, by deed of that date, conveyed the tract of land, thus conceded to him, to Louis…

1Opinion of the Court

Scott, Judge.

This is a proceeding in equity, and the plaintiff’s right to a recovery is based on the pretension that in justice and good conscience he is entitled to the relief sought from the defendants. On the 19th of May, 1798, Joseph Brazeau, in a deed to Louis Labeaume, reserved to himself four by four arpens of a concession which was thereby conveyed from Brazeau to Labeaume. This reservation was also witnessed by Lieutenant Governor Trudeau, in a certificate dated the 12th day of May of the same year, endorsed on the concession for the purpose of authenticating the transfer from…

2Cases cited3 opinions

  1. West v. CochranSupreme Court of the United States · 1855
  2. Stanford v. TaylorSupreme Court of the United States · 1856
  3. Kissell v. Board of President and Directors of St. Louis Public SchoolsSupreme Court of the United States · 1856

3Cited by3 opinions

  1. Troll v. City of St. LouisSupreme Court of Missouri · 1914
  2. State Ex Rel. Foard v. HallSupreme Court of North Carolina · 1892
  3. Magwire v. TylerSupreme Court of Missouri · 1860

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