Legal Opinion

Draper v. Bryson

Supreme Court of Missouri

Decided October 15, 1852PublishedCited by 21 opinions

Error to Pike Circuit Court. This was an action of ejectment, brought to recover possession of part of a lot in the town of Louisiana.

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Error to Pike Circuit Court. This was an action of ejectment, brought to recover possession of part of a lot in the town of Louisiana. To sustain their action the plaintiffs offered in evidence : 1. A patent for the fractional section on which the town was located, bearing date October 1, 1819, to Samuel K. Caldwell and Joel Shaw, the original proprietors of the town tract. 2. Record of a judgment in favor Robert Wash v. John Shaw, administrator of Joel Shaw, deceased, entered in the Pike Circuit Court, August 11, 1828, and a sheriff’s deed to Phineas Block, for the lot in controversy, under…

1Opinion of the CourtGamble, Judge

In this case, the plaintiffs below (Drapers) rely upon two titles for undivided portions of the premises for which this action of ejectment was brought. Shaw and Caldwell were originally joint owners of the lot, and the plaintiffs claim through Block, who, it is alleged, obtained the title of Shaw by a purchase at sheriff’s sale in December, 1823, and the title of Cald*80well by a purchase at coroner’s sale in April, 1824. It is seen by the statement, that the defendants, Bryson and others, claim under a deed made by Caldwell for himself, and as attorney for the heirs of Shaw, on the 14th of…

2Cases cited2 opinions

  1. Cabeen v. DouglassSupreme Court of Missouri · 1823
  2. Norwood v. RiddleSupreme Court of Alabama · 1840

3Cited by21 opinions

  1. Young v. SchofieldSupreme Court of Missouri · 1896
  2. Harness v. CravensSupreme Court of Missouri · 1894
  3. Griffith v. BogertSupreme Court of the United States · 1856
  4. Maupin v. EmmonsSupreme Court of Missouri · 1871
  5. Robbins v. BoulwareSupreme Court of Missouri · 1905

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