Legal Opinion

Gray v. Givens

Supreme Court of Missouri

Decided January 15, 1858PublishedCited by 18 opinions

Error to Cooper Circuit Court. This was an action in the nature of an action of ejectment to recover possession of a part — to-wit, north-west quarter and the south-west quarter — of section 9, in township 48, of range 16, in the county of Cooper. Plaintiffs claim title under a New Madrid location as the legal representatives of William Cox. Said Cox possessed a “ head-right” in the county of New Madrid, which was afterwards confirmed by act of Congress.

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Error to Cooper Circuit Court. This was an action in the nature of an action of ejectment to recover possession of a part — to-wit, north-west quarter and the south-west quarter — of section 9, in township 48, of range 16, in the county of Cooper. Plaintiffs claim title under a New Madrid location as the legal representatives of William Cox. Said Cox possessed a “ head-right” in the county of New Madrid, which was afterwards confirmed by act of Congress. This “ head-right” in 1805 he conveyed to Edward Robertson, sr. Edward Robertson, sr., conveyed a portion of this “ head-right” — 300 arpens…

1Opinion of the CourtRichardson, Judge

It appears from the record that a New Madrid certificate, No. 453, was issued by the recorder October 6th, 1818 — by which William Cox, or his legal representatives, was entitled to locate six hundred and forty acres on any of the public lands, the sale of which was authorized by law, in lieu of a like quantity in New Madrid county which had been injured by earthquakes — and was located the day it was issued on section 9, township 48, range 16 west.

As a preliminary to the other questions in the case, it is proper, first, to determine, as a matter of fact, when the plat and survey of the…

2Cases cited9 opinions

  1. Carroll v. SaffordSupreme Court of the United States · 1845
  2. Lindsey and Others v. the Lessee of MillerSupreme Court of the United States · 1832
  3. West v. CochranSupreme Court of the United States · 1855
  4. Lessieur v. PriceSupreme Court of the United States · 1851
  5. Barry v. GambleSupreme Court of the United States · 1845

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3Cited by18 opinions

  1. Boone v. KnoxTexas Supreme Court · 1891
  2. Newman v. Bank of CaliforniaCalifornia Supreme Court · 1889
  3. King v. HyattSupreme Court of Kansas · 1893
  4. Marshall v. PalmerSupreme Court of Virginia · 1895
  5. State ex rel. Festor v. StaedSupreme Court of Missouri · 1898

13 more not listed; retrieve them via the Exa API.

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