Barada v. Blumenthal
Supreme Court of Missouri
Appeal from, St. Louis Court of Common Pleas. This was an action for tbe possession of a lot in Carondelet, claimed to have been inhabited, cultivated and possessed by Gregoire Sarpy, prior to December 20, 1803, and confirmed by tbe act of congress of June 13, 1812. The plaintiff claimed under a deed from the heirs of Gregoire Sarpy.
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Appeal from, St. Louis Court of Common Pleas. This was an action for tbe possession of a lot in Carondelet, claimed to have been inhabited, cultivated and possessed by Gregoire Sarpy, prior to December 20, 1803, and confirmed by tbe act of congress of June 13, 1812. The plaintiff claimed under a deed from the heirs of Gregoire Sarpy. Tbe defendant claimed under a confirmation by the act of congress of April 29, 1816, to the legal representatives of Joseph Boisvert, to whom the land was conceded on the 4th of July, 1774, by Pedro Piernas, the lieutenant governor of Upper Louisiana. The…
1Opinion of the CourtGamble, Judge
As the plaintiff claimed title to the lot in question, upon the ground that it was confirmed to Grregoire Sarpy by the act of congress of June 18th,_ 1812, and conveyed by Sarpy’s heirs to him, it was properly made a matter of defence that Sarpy had, previous to the passage of that act, abandoned the property, and that he then had no subsisting claim thereto. (Lajoie v. Primm, 3 Mo. Rep. 368. Page v. Scheibel, 11 Mo. Rep. 183.)
As there was evidence of the fact of abandonment by Sarpy, the court correctly refused to give the instruction asked by the plaintiff, which asserted that the title of…
2Cases cited1 opinion
- Page v. ScheibelSupreme Court of Missouri · 1847
3Cited by3 opinions
- Fine v. St. Louis Public SchoolsSupreme Court of Missouri · 1860
- Fine v. Board of President of the St. Louis Public SchoolsSupreme Court of Missouri · 1866
- Clark v. HammerleSupreme Court of Missouri · 1865