Allen v. Moss
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. The facts are set forth with sufficient fullness in the opinion of the court. I. The court erred in receiving as evidence the transcript of the record on the claim of Smirl. It could not be used as evidence of title in any way; nor could the supposed deeds in said transcript contained be received as evidence against the plaintiff without some proof of their execution.
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Appeal from Jefferson Circuit Court. The facts are set forth with sufficient fullness in the opinion of the court. I. The court erred in receiving as evidence the transcript of the record on the claim of Smirl. It could not be used as evidence of title in any way; nor could the supposed deeds in said transcript contained be received as evidence against the plaintiff without some proof of their execution. The court erred in receiving-the originals óf said supposed deeds when offered by the defendant as evidence in connection with the affidavits of William Moss and Claibourne Thomas. They were…
1Opinion of the CourtScott, Judge
The foundation of this suit is a settlement right under the second section of the act of Congress of March 2d, 1805. The settler was Hardy Ware. In 1805 or ’6, James Smirl, assignee of John Brinley, who was assignee of Hardy Ware, presented the claim to the board of commissioners, who in 1806 rejected it for want of actual inhabitation on the 20th December, 1803. This claim might have been confirmed, as it appears from the evidence, under the third section of the act of June 13, 1812; but, as no steps were taken to effect *356that object, it -can not now be sustained as a confirmation under that…
2Cases cited2 opinions
- Mitchell v. Tucker'sSupreme Court of Missouri · 1846
- Sacket v. HooperSupreme Court of Louisiana · 1831
3Cited by5 opinions
- Bishop v. SchneiderSupreme Court of Missouri · 1870
- Gatewood v. HartSupreme Court of Missouri · 1874
- Langlois v. CrawfordSupreme Court of Missouri · 1875
- Garnier v. BarrySupreme Court of Missouri · 1859
- Allen v. KingSupreme Court of Missouri · 1864