Legal Opinion

Page v. Hill

Supreme Court of Missouri

Decided October 15, 1847PublishedCited by 4 opinions

APPEAL from St. Louis Court of Common Pleas. I. The first and main question arises on the instruction given for the plaintiff below, to-wit, that the deed, from Martm Coontz to Tamer, does not rebut the prima fade evidence of title in Coontz, in the land located under the New Madrid certificate.

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APPEAL from St. Louis Court of Common Pleas. I. The first and main question arises on the instruction given for the plaintiff below, to-wit, that the deed, from Martm Coontz to Tamer, does not rebut the prima fade evidence of title in Coontz, in the land located under the New Madrid certificate. The act of Assembly of Feb. 11, 1839, (see p. 40 of acts 1838-9,) provides that, “the certificate shall he only prima fade evidence of title in the grantee therein named,” &c., and then it is provided that that title may be rebutted by showing that the grantee named in the certificate was not the…

1Opinion of the Court

NaptonJ J.,

delivered the opinion of the Court.

This was an action of ejectment by Hill to recover the possession of about six acres of land lying near §t. Louis. The plaintiff, Hill, obtained a verdict and judgment in the Court of Common Pleas.

The title of the plaintiff was derived from three judgments, under which the property in dispute was sold by the sheriff, and conveyed to the plaintiff as the purchaser at the sale.

*1571. A scire facias on a builder’s lien was sued out by Hill from the St. Louis Circuit Court on the 29th September, 1842, against John Calvert. The judgment therein was rendered…

2Cited by4 opinions

  1. Bernhardt v. WallsMissouri Court of Appeals · 1888
  2. Gritchell v. KreidlerMissouri Court of Appeals · 1882
  3. Littlefield v. RamseySupreme Court of Missouri · 1904
  4. Boyd v. JonesSupreme Court of Missouri · 1872

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