Legal Opinion

O'Brien v. Perry

Supreme Court of the United States

Decided February 17, 1862PublishedCited by 4 opinions

This was. a writ of error to the Supreme Court of the State of Missouri. The .action was brought in the Circuit Court of Washington county, Missouri, by John O’Brien against Eliza M. Perry and others. ' The plaintiff’s petition sets forth that he was legally entitled to the possession of the east fractional half of the southeast fractional quarter of fractional section 15, in township 37 north, of range 2 east, in the county of Washington, Missouri, containing 58 54-100…

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This was. a writ of error to the Supreme Court of the State of Missouri. The .action was brought in the Circuit Court of Washington county, Missouri, by John O’Brien against Eliza M. Perry and others. ' The plaintiff’s petition sets forth that he was legally entitled to the possession of the east fractional half of the southeast fractional quarter of fractional section 15, in township 37 north, of range 2 east, in the county of Washington, Missouri, containing 58 54-100 acres, into which the defendants unlawfully entered and held him, the plaintiff, out of possession. The defendants in their…

1Opinion of the CourtJustice Nelson

This action was brought by the plaintiff, O’Brien, to recover possession of a part of section fifteeu in township thirty-seven. He claimed title under a patent of the United States, dated May 4, 1854, which was founded upon a pre-emption certificate under the act of 1841, dated July 3, 1847. His possession or settlement begau in April the same year.

The title which the defendants set up began as eai’ly as 1795, under Basil Valle, who settled upon the premises, which were situate at a place called Mine au Breton, in Missouri, and continued cultivating and improving the same down to the year…

2Cases cited2 opinions

  1. Lytle v. the State of ArkansasSupreme Court of the United States · 1850
  2. Minter v. CrommelinSupreme Court of the United States · 1856

3Cited by4 opinions

  1. Stirman v. CravensSupreme Court of Arkansas · 1874
  2. Grand Trunk Ry. Co. v. BackusU.S. Circuit Court for the District of Eastern Michigan · 1891
  3. Merrill v. HartwellMichigan Supreme Court · 1863
  4. Sanborn v. VanceMichigan Supreme Court · 1888

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