Legal Opinion

McQueen v. Chouteau's Heirs

Supreme Court of Missouri

Decided January 15, 1855PublishedCited by 10 opinions

Appeal from Audrain Circuit Court. This was a bill in equity filed in the Pike Circuit Court in 1844, by McQueen against the heirs of Auguste Chouteau, for the specific performance of a contract to convey a quarter section of land.

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Appeal from Audrain Circuit Court. This was a bill in equity filed in the Pike Circuit Court in 1844, by McQueen against the heirs of Auguste Chouteau, for the specific performance of a contract to convey a quarter section of land. On the 25th of June, 1829, the administratrix of Auguste Chouteau leased to John J. Grimes, for the term of one year, for the annual rent of one dollar, a league square of land granted to said Chouteau by the Spanish government, but then unconfirmed. The league square comprehended four quarter sections, the grant having been disregarded by the United States…

1Opinion of the Court

Scott, Judge,

delivered tbe opinion of tbe court.

1. Tbe irregularities committed in tbe progress of this suit are such as cannot be sustained. When a bill is filed for a specific performance of a contract for tbe conveyance of lands, we are not aware of any principle of tbe law governing courts of equity, which warrants tbe order that was made on tbe application of tbe complainant, that tbe defendants then before tbe court should answer and defend for all the defendants in tbe cause. In some cases, as in tbe instance of creditors seeking an account of their deceased debtor’s estate, for tbe…

2Cited by10 opinions

  1. Gupton v. GuptonSupreme Court of Missouri · 1870
  2. Anison v. RiceSupreme Court of Missouri · 1955
  3. Dow v. McVeySupreme Court of Iowa · 1916
  4. Bobst v. SonsSupreme Court of Missouri · 1952
  5. Jones v. CarpenterCourt of Chancery of Delaware · 1922

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