Widow of Mackay v. Dillon
Supreme Court of Missouri
Error to St. Charles Circuit Court. It will be contended on behalf of plaintiffs, that the court erred in instructing the jury that the claim of the inhabitants of the town of St. Louis was confirmed to the exclusion and extinction of the title of James Mackay. It will be contended that the court did not err in excluding the sheriff’s deed to Frederick Dent.
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Error to St. Charles Circuit Court. It will be contended on behalf of plaintiffs, that the court erred in instructing the jury that the claim of the inhabitants of the town of St. Louis was confirmed to the exclusion and extinction of the title of James Mackay. It will be contended that the court did not err in excluding the sheriff’s deed to Frederick Dent. It will also be contended that the circuit court did err in admitting the proceedings before the commissioners on the claim of commons, to be read in evidence against the plaintiffs. As to the error of the court below in its instruction…
1Opinion of the Court
Opinion of the Court by
Napton, Judge.
This was an action of ejectment brought by the plaintiffs to recover a tract of land lying south of the city of St. Louis.
The plaintiff claimed title under a concession to him of about two hundred arpens, by metes and bounds, made by Charles Dehault Delassus in 1799; a survey made by Sou-lard of 288 arpens, in 1802; reported for confirmation by the last board of commissioners, and confirmed by the act of July 4th, 1836.
The first board of commissioners expressed an unfavorable opinion of this claim, intimating that it was ante dated. In 1813, the recorder…
2Cited by2 opinions
- Cooley v. RankinSupreme Court of Missouri · 1848
- Strong v. LehmerOhio Supreme Court · 1859