O'Hanlon v. Perry
Supreme Court of Missouri
ERROR to Washington Circuit Court. On behalf of the appellants it will be contended, 1st. That the instructions given by the court below at the instance of the plaintiff were wrong; tending- to mislead the jury. 2d. That the instructions refused the defendants below should have been allowed. 3d.
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ERROR to Washington Circuit Court. On behalf of the appellants it will be contended, 1st. That the instructions given by the court below at the instance of the plaintiff were wrong; tending- to mislead the jury. 2d. That the instructions refused the defendants below should have been allowed. 3d. That the circuit court erred, in refusing to admit the evidence offered by the defendants, showing that the lands entered by John Perry on the 26th November, 1839, under the pre-emption act of congress of the 9th July, 1832, had never been offered for sale, and that said land was reserved by surveyor…
1Opinion of the CourtNapton, J.
This was an action of ejectment brought by Perry against the G’Han-lons, to recover a tract of land in Washington. The plaintiff had a verdict and judgment in the circuit court.
The evidence offered on the trial by Perry to sustain his action, consisted of the receipt of the receiver at Jackson, for the lan.d in controversy, (about 563 acres,) issued under and by virtue of the pre-emption act of the 9th July, 1832, and proof that defendants were in possession of a part of the premises.
The defendants offered proof conducing to show, that the tract of land in controversy was part of a tract…
2Cited by10 opinions
- Harrison v. HarrisonNebraska Supreme Court · 1907
- Heynbrock v. HormannSupreme Court of Missouri · 1914
- Michigan Paneling Machine & Manufacturing Co. v. ParsellMichigan Supreme Court · 1878
- Morey v. StaleySupreme Court of Missouri · 1873
- Diel v. StegnerMissouri Court of Appeals · 1894
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