Taylor v. Zepp
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. STATEMENT OE THE CASE. This was an action of ejectment, tried in the St. Louis court of common pleas, May 1st, 0. On the trial of the cause, the plaintiffs gave in evidence a patent from the United States, to Joseph Papin, for the north-west fractional quarter of section five; and the southwest detatched part of the south-west fractional quarter of section twenty-six, township forty-five, north range, seven east, in district oflands…
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ERROR to St. Louis Court of Common Pleas. STATEMENT OE THE CASE. This was an action of ejectment, tried in the St. Louis court of common pleas, May 1st, 0. On the trial of the cause, the plaintiffs gave in evidence a patent from the United States, to Joseph Papin, for the north-west fractional quarter of section five; and the southwest detatched part of the south-west fractional quarter of section twenty-six, township forty-five, north range, seven east, in district oflands for sale atSt. Louis, containing twenty-seyen sed wenty-nine hundredth acres, according to the official plat of the…
1Opinion of the CourtNapton, J.
The only question in this case is whether the instruetios of the court of common pleas is correct.
Upon the face of the deeds the intention is manifest to convey to Dea-ver one half of the patented tract. The deed from Papin to Deaver conveys a tract cs containing IB 64-100 acres, and being the northern part of a tract of land containing 27 29-100 acres.” In the covenants *488of the same deeds, the tract conveyed is mentioned as being the “northern part or half of the patented tract.” It seems that this patent to Pa-pin, though calling for 27 29-100 acres, actually contained by survey 31 92-100…
2Cases cited1 opinion
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by50 opinions
- Scoby v. SweattTexas Supreme Court · 1866
- Acton v. DooleySupreme Court of Missouri · 1881
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Turner v. BakerSupreme Court of Missouri · 1876
- Blair v. SmithSupreme Court of Missouri · 1852
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