Williams v. Carpenter
Supreme Court of Missouri
Appeal from St. Louis Land Court. The plaintiff sued in ejectment to recover possession of a tract of one by forty arpens, alleging in bis petition that it was the same tract which was proved before Recorder Hunt in the name of Louis Lacroix, meaning Joseph Lacroix.
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Appeal from St. Louis Land Court. The plaintiff sued in ejectment to recover possession of a tract of one by forty arpens, alleging in bis petition that it was the same tract which was proved before Recorder Hunt in the name of Louis Lacroix, meaning Joseph Lacroix. The plaintiff claimed title under Joseph Lacroix, and the defendant under a Louis Lacroix. . At the trial the plaintiff gave in evidence the confirmation to Louis Lacroix, in the usual tabular form, dated March 8, 1825, granted under the act of Congress of 26th May, 1824, on proof of inhabitation and cultivation in conformity with…
1Opinion of the CourtDeydbN, Judge
When this case was here before (28 Mo. 453) this court decided — Judge Scott delivering the opinion of the court— that where a grant, though by mistake, is made to one, another cannot divest him of his title by showing that he was the person for whom the bounty was intended. If the government, on a false suggesion or by mistake, has granted a patent, it can only be avoided by scire facias or other suitable proceeding instituted directly for that purpose. It can *70not be done in a collateral action. The circumstances of this case do not warrant the application of the principle, that by-parol…
2Cases cited1 opinion
- Williams v. CarpenterSupreme Court of Missouri · 1859
3Cited by1 opinion
- Williams v. CarpenterSupreme Court of Missouri · 1868