Thomas v. Wyatt
Supreme Court of Missouri
Appeal from St. Louis Land Court. The facts sufficiently appear in the opinion of the court. I. A patent to a fictitious person is void. (25 Mo. 24.) The court should have .given the instructions asked by defendant. The instruction given makes the case turn on an issue wholly irrelevant. The junior patent was to a person capable of taking. The land was subject to sale and the patent issued by legal authority.
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Appeal from St. Louis Land Court. The facts sufficiently appear in the opinion of the court. I. A patent to a fictitious person is void. (25 Mo. 24.) The court should have .given the instructions asked by defendant. The instruction given makes the case turn on an issue wholly irrelevant. The junior patent was to a person capable of taking. The land was subject to sale and the patent issued by legal authority. I. The case as it now stands presents questions entirely different from those involved in the cause when on error before. (25 Mo. 24.) The court committed no error in giving or refusing…
1Opinion of the CourtScott, Judge
This was an action of ejectment. The plaintiff’s title was as follows: From the office of the register in the St. Louis land district on the 19th of August, 1829, there was issued a certificate of entry, numbered 1786, stating that Samuel Johnson, of Kentucky, had entered lot number one, of township forty-five north, in range number five east, containing .eighty acres. On this certificate there was an assignment, bearing even date therewith, made in the name of Samuel Johnson to the plaintiff Jas. S. Thomas, which was attested by James Coleman. On this certificate a patent was issued by the…
2Cases cited1 opinion
- Williams v. CarpenterSupreme Court of Missouri · 1859
3Cited by14 opinions
- DeGeofroy v. Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1904
- Hartman v. ThompsonCourt of Appeals of Maryland · 1906
- City Bank of Portage v. PlankWisconsin Supreme Court · 1910
- Scanlan v. GrimmerSupreme Court of Minnesota · 1898
- Chance v. KimbrellIllinois Supreme Court · 1941
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