Hill v. Miller
Supreme Court of Missouri
Appeal from Daviess Circuit Court. Upon the trial, the court, at the instance of the plaintiff, declared the law to be as follows: 1. That the certificate of entry, read in evidence by plaintiff, is prima facie evidence that the pre-emption law, upon which the same is fotmded, was complied with by plaintiff before said entry was made. 2. That if plaintiff complied with said pre-emption law in making said entry, and obtained said certificate from the proper officers of the…
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Appeal from Daviess Circuit Court. Upon the trial, the court, at the instance of the plaintiff, declared the law to be as follows: 1. That the certificate of entry, read in evidence by plaintiff, is prima facie evidence that the pre-emption law, upon which the same is fotmded, was complied with by plaintiff before said entry was made. 2. That if plaintiff complied with said pre-emption law in making said entry, and obtained said certificate from the proper officers of the United States, then after that the said United States was no longer, in equity, the owner of: said land, and had no right…
1Opinion of the CourtWagner, Judge
Plaintiff in the court below, respondent here, brought his suit in the Daviess Circuit Court, claiming certain land situated in said county, of which the defendant was in possession. The petition contained two counts; the first was in the nature of an action of ejectment, for the recovery of the *188possession of the premises; the second was in the nature of a bill in equity, asking that the defendant who held the legal title by patent, might be compelled to convey the same to plaintiff, and also charging that defendant obtained his said title by fraud and falsehood. It also charges that…
2Cases cited3 opinions
- Carroll v. SaffordSupreme Court of the United States · 1845
- Perry v. O'HanlonSupreme Court of Missouri · 1848
- Lewis v. LewisSupreme Court of Missouri · 1845
3Cited by4 opinions
- De Lancey v. . PiepgrasNew York Court of Appeals · 1893
- Phillips v. EvansSupreme Court of Missouri · 1876
- Garton v. CannadaSupreme Court of Missouri · 1867
- Stucker v. DuncanSupreme Court of Missouri · 1866