Rankin v. Scott
Supreme Court of the United States
ERROR to the District Court of Missouri. This was an action of ejectment, brought in the Court below by the defendant in error, Scott, to recover the possession of a house and lot in the town of St. Louis. At the trial, a special verdict was found, stating, that in the year 1816, John Little married Marie Antoinette Labadie, who was then seised in fee of the house and lot in question. She died without issue, leaving the husband seised in fee of a moiety of the premises.
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ERROR to the District Court of Missouri. This was an action of ejectment, brought in the Court below by the defendant in error, Scott, to recover the possession of a house and lot in the town of St. Louis. At the trial, a special verdict was found, stating, that in the year 1816, John Little married Marie Antoinette Labadie, who was then seised in fee of the house and lot in question. She died without issue, leaving the husband seised in fee of a moiety of the premises. He soon afterwards died wifhout issue, and intestate. In April, 1821, judgment was rendered in the Circuit Court of the…
1Opinion of the CourtChief Justice Marshall
delivered the opinion of the Court, and after stating the case, .proceeded as follows :
The act of the then territorial government of Missouri, on which this question depends, is in these words: “ Judgments obtained in the General Court shall be a lien on the lands and tenements of the person or persons against whom the same has been entered, situate in any part of this territory ; and judgments obtained in a Court of Common Pleas of any district, shall be a lien on the lands and tenements of the person against whom the same has been entered, situate in such district.” The act contains a…
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