Perry v. O'Hanlon
Supreme Court of Missouri
1. The declaration in this case was filed the 19th February, 1840. On the 9th March following, the defendants filed their pleas, and issue was joined.
Read the full summary
1. The declaration in this case was filed the 19th February, 1840. On the 9th March following, the defendants filed their pleas, and issue was joined. The pre-emption law under which the defendants made their entry and obtained the patents set up in their defence in this action; was not passed until 1841. The counsel for the appellant contends, that laws and facts which have come into existence since the pleadings in this case have been closed and the issue made up between the parties, cannot be permitted to influence it, nor introduced as evidence. Ex post facto laws are odious and…
1Opinion of the CourtNapton, J.
This was an action of ejectment brought by Perry to recover a tract of land in Washington county. The suit was first tried in 1841, when Perry obtained a judgment, from which the O’Hanlon’s appealed. The judgment was reversed by this Court in 1846, (9 Mo. R. 810,) because the entry of Perry, on its face, purported to have been made under the pre-emption clause of the act of congress of July 9,1832, and was made on the 26th Nov. 1839, long after the expiration of the law and the time allowed by it for such entries. On the second trial, which took place in 1847, the title of Perry was as…
2Cases cited1 opinion
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
3Cited by8 opinions
- Henderson v. HendersonSupreme Court of Missouri · 1874
- Nathan E. Hooper, Louisa J. Hooper, and Amanda E. Hooper, Minors, by Absalom Fowler, Their Next Friend, in Error v. Jacob ScheimerSupreme Court of the United States · 1860
- Rankin v. MillerSupreme Court of Iowa · 1876
- Smith v. EwingUnited States Circuit Court · 1885
- Hill v. MillerSupreme Court of Missouri · 1865
3 more not listed; retrieve them via the Exa API.