Huntsucker v. Clark
Supreme Court of Missouri
APPEAL FROM BUCHANAN CIRCUIT COURT. 1st. This case, or the rights of the parties, has been adjudicated by the proper tribunal, and if the plaintiff failed or neglected to make his defence in that tribunal, chancery will not relieve unless some good excuse is shown for that failure, 1 Mo. Reps., 470; 10 Mo. Reps., 100. 2d.
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APPEAL FROM BUCHANAN CIRCUIT COURT. 1st. This case, or the rights of the parties, has been adjudicated by the proper tribunal, and if the plaintiff failed or neglected to make his defence in that tribunal, chancery will not relieve unless some good excuse is shown for that failure, 1 Mo. Reps., 470; 10 Mo. Reps., 100. 2d. The rights of the parties having been decided by the register and receiver of the land office, who were the .proper officers to adjudicate the matter, and the plaintiff in this suit having failed to appeal from the decision made by the register and receiver, cannot be…
1Opinion of the Court
Napton, judge,
delivered the opinion of the court.
This was a bill in chancery. Clark, the complainant, states in his bill, that in the fall of 1842, one Jones had improved the S. W. qr. of S. 23, T. 56, R. 34, then being public land, and subject to pre-emption under the laws of the United States, and that Huntsucker, the defendant, was residing on the N. W. qr. of the same section, to which he had a pre-emption, and had also cleared and cultivated two or three acres on the first mentioned quarter; that the complainant, being a stranger, and desirous of purchasing land, was making inquiries in…
2Cited by6 opinions
- Stevenson v. Saline CountySupreme Court of Missouri · 1877
- Magwire v. TylerSupreme Court of Missouri · 1867
- Bisson v. CurrySupreme Court of Iowa · 1872
- Moreman v. TalbottSupreme Court of Missouri · 1874
- Krummenacher v. Easton-Taylor Trust Co.Missouri Court of Appeals · 1957
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