Legal Opinion

Gibson v. Chouteau

Supreme Court of the United States

Decided February 18, 1872PublishedCited by 246 opinions

Error to the Supreme Court of the State of Missouri. Gibson brought ejectment in the St. Louis Land Court against Chouteau, to recover sixty-four acres of land in the county of St. Louis, Missouri. By consent of parties the case was tried by the court >vithout a jury. On the trial the plaintiff claimed title to the demanded premises, under a patent of the United States issued to his immediate grantor, which he produced.

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Error to the Supreme Court of the State of Missouri. Gibson brought ejectment in the St. Louis Land Court against Chouteau, to recover sixty-four acres of land in the county of St. Louis, Missouri. By consent of parties the case was tried by the court >vithout a jury. On the trial the plaintiff claimed title to the demanded premises, under a patent of the United States issued to his immediate grantor, which he produced. The facts which led to the issue of the patent were these: As early as September, 1803, as appeared from the record, one James Y. O’Carroll obtained permission from the…

1Opinion of the CourtJustice Field

It is matter of common knowledge that statutes of limitation do not run against the State. That no laches can be imputed to the king, and that no time can bar his rights, was the maxim of the common law, and was founded on the principle of public policy, that as he was occupied with the cares of government he ought not to suffer from the negligence of his officers and servants. The principle is applicable to all governments, which must necessarily act through numerous agents, and is essential to a preservation of the interests and property of the public. It is upon this principle that in this…

2Cases cited2 opinions

  1. Wilcox v. JacksonSupreme Court of the United States · 1839
  2. Lindsey v. HawesSupreme Court of the United States · 1863

3Cited by246 opinions

  1. United States v. Detroit Timber & Lumber Co.Supreme Court of the United States · 1906
  2. Utah Power & Light Co. v. United StatesSupreme Court of the United States · 1917
  3. Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
  4. Kleppe v. New MexicoSupreme Court of the United States · 1976
  5. Lux v. HagginCalifornia Supreme Court · 1886

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