Barry v. Gamble
Supreme Court of the United States
This case .was. .brougbt-up from the. Supreme--Ctrart of Missouri, • by a writ of error issued under the.25th section of the Judiciary áct of 1789. ' It was an ejectment brought by- Gamble, the defendant-in error,, against Barry, to recover possession .of a tract of land in St. Louis county, Missouri. . The question was one of title.
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This case .was. .brougbt-up from the. Supreme--Ctrart of Missouri, • by a writ of error issued under the.25th section of the Judiciary áct of 1789. ' It was an ejectment brought by- Gamble, the defendant-in error,, against Barry, to recover possession .of a tract of land in St. Louis county, Missouri. . The question was one of title. Gamble, the plaintiff below, ¡claimed under a grant issued to Baptiste Lafleur in conformity with the New Madrid act passed in 1815, and Barry, under the titieof Mackay, which was before the Supreme Court of the United States in 1836, and is reported in 10…
1Opinion of the CourtJustice Catron
Tim first question in order is, whether ;the patent to Lafleur is a valid title as die United. Státec, when standing aloné.
"By the the recorder of land-titles-at St. Louis,Lafleur was entitled to 640 acres of-land in compensation for lands of his injured, by the earthquake' in New Madrid county. ■ On this, the survey of April, 1815, is founded. Its.retum by the surveyor, with notice of location, to the 'office of thé recorder, was the first appropriation of -the land; and not the "notice to the surveyor-general’s office.requesting the survey to be made, as this-court held in Bagnell v.…
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