Clark v. Hammerle
Supreme Court of Missouri
Appeal from.,Si. Louis Land Cowrt. This was an action of ejectment to recover possession of a portion of a lot in the Cul cle Sac common field near St. Louis. Plaintiffs claim title under the legal representatives of Joachim Roy, to whom they allege the lot was confirmed by act of Congress of June IB, 1812. The defendants, in addition to a formal denial of the facts stated in the petition, set up the statute of limitations as a bar.
Read the full summary
Appeal from.,Si. Louis Land Cowrt. This was an action of ejectment to recover possession of a portion of a lot in the Cul cle Sac common field near St. Louis. Plaintiffs claim title under the legal representatives of Joachim Roy, to whom they allege the lot was confirmed by act of Congress of June IB, 1812. The defendants, in addition to a formal denial of the facts stated in the petition, set up the statute of limitations as a bar. In support of his title plaintiff introduced in evidence a certificate of confirmation by Theodore Hunt, under act of Congress of May 26, 1824, with Hunt’s…
1Opinion of the CourtScott, Judge
The most important question in this cause grows out of the will of Joachim Roy made in March, 1789. The will was executed in the presence of the lieutenant governor of the province (in default of a notary), and was attested by seven witnesses, together with the lieutenant governor. The will, it seems, was deposited among the archives of the Spanish government, and a copy of it was given out by the governor on the 24th of July, 1801, a few months after the death of the testator. Whether this - was a valid instrument without further proof under the Spanish law is the question now submitted.
By…
2Cases cited5 opinions
- Rucker v. EddingsSupreme Court of Missouri · 1841
- Soulard v. ClarkSupreme Court of Missouri · 1854
- Meegan v. BoyleSupreme Court of the United States · 1857
- City of St. Louis v. ToneySupreme Court of Missouri · 1855
- Soulard v. AllenSupreme Court of Missouri · 1853
3Cited by39 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Mansur v. BottsSupreme Court of Missouri · 1883
- Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- Merrick v. Bridgeways, Inc.Supreme Court of Missouri · 1951
34 more not listed; retrieve them via the Exa API.