Bird v. Montgomery
Supreme Court of Missouri
On Appeal from the St. Charles circuit court. 1. That the title under the inhabitants of St. Charles is the better title. Arredondas case, 6th Peter,s Rep. 727 &c. 10 Martin’s Rep. 416, Baldwin v. Stafford. Act of 13th June 1812, and letters of Clement B. Penrose and Thomas P. Riddick, 2d vol. U. S. State papers, pages 446-7-8 & 9. 2. If this is not the case, the plaintiff’s title under Giguare is better than that of the defendant under Piper.
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On Appeal from the St. Charles circuit court. 1. That the title under the inhabitants of St. Charles is the better title. Arredondas case, 6th Peter,s Rep. 727 &c. 10 Martin’s Rep. 416, Baldwin v. Stafford. Act of 13th June 1812, and letters of Clement B. Penrose and Thomas P. Riddick, 2d vol. U. S. State papers, pages 446-7-8 & 9. 2. If this is not the case, the plaintiff’s title under Giguare is better than that of the defendant under Piper. United States vs. Perehoman, 7 Peters Rep. from 86 to 91. Arre-dondas case, 6 Peters Rep. 785, 736. Smith vs. U. S. 10th Peters Rep. 330, 331. 3. It…
1Opinion of the Court
Opinion of the Court by
Napton, Judge.
This was an action of ejectment, for 800 arpens of land, lying in the county of St. Charles. Judgment being against the plaintiff below, he appeals to this court.
The circuit court found a special verdict, which sets out the following facts:
In the year 1806, Edward Hempstead, as agent for the inhabitants of Ihe town of St. Charles, filed a notice with the recorder of land titles of the claim of the inhabitants of said town to fourteen thousand arpens of land, as commons, which notice was recorded. This notice setforth their claim, as under a concession from…
2Cited by4 opinions
- Smith v. City of St. CharlesMissouri Court of Appeals · 1977
- Dent v. BinghamSupreme Court of Missouri · 1844
- Robbins v. EcklerSupreme Court of Missouri · 1865
- Dent v. BinghamSupreme Court of Missouri · 1844