Boussin v. Parks
Supreme Court of Missouri
ERROR to Washington Circuit Court. 1. The marriage contract between Francis Tayon and Pelagia Chauvin was improperly received, because it does not appear that the instrument belonged to the archives'of the French or Spanish government, therefore it was not evidence of itself; and there was no other proof offered. — Acts 1838, p. 42-5. There is no proof of the time when the marriage contemplated by the contract took effect, so as to show the concession granted during the…
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ERROR to Washington Circuit Court. 1. The marriage contract between Francis Tayon and Pelagia Chauvin was improperly received, because it does not appear that the instrument belonged to the archives'of the French or Spanish government, therefore it was not evidence of itself; and there was no other proof offered. — Acts 1838, p. 42-5. There is no proof of the time when the marriage contemplated by the contract took effect, so as to show the concession granted during the marriage, without which proof the contract is a nullity, so far as the land in controversy is concerned; ■nor will the legal…
1Opinion of the Court
Opinion o/Tompkins, Judge.
Pelagia Parks, the defendant in error, brought her action of ejectment in the Circuit Court of Washington county, to recover the possession of ten thousand *533arpens of land against Etienne Roussin, and judgment being rendered there in her favor, Roussin, to reverse it, prosecutes this writ of error.
On the trial of this cause the plaintiff, defendant in error here, gave in evidence the petition of Francis Tayon, dated the 15th of October, 1799, to Delassus, then lieutenant-governor of Upper Louisiana, fpr the ten thousand arpens of land here sued for, and a concession,…
2Cases cited3 opinions
- Owings v. HullSupreme Court of the United States · 1835
- Mauri v. HeffernanNew York Supreme Court · 1816
- McNair v. DodgeSupreme Court of Missouri · 1842
3Cited by1 opinion
- Jaycox v. United StatesCourt of Appeals for the Second Circuit · 1901