Dean v. Bittner
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. No limitation can prevail against the United States, nor against those holding the equitable title under it prior to the issuing of the patent.— Gibson v. Chouteau, 13 Wall. 92 ; Mellhinney v. Ficke, 61 Mo. 329 ; Miller v. Dunn, 62 Mo. 216. Title does not pass where no patent has issued.— Wilcox v. Jackson, 13 Pet. 499. The confirmation of 1816 was limited to the special claims enumerated. — St. Louis v. Laughlin, 49 Mo. 559 ; Gi'umley v,…
Read the full summary
Appeal from St. Louis Circuit Court. No limitation can prevail against the United States, nor against those holding the equitable title under it prior to the issuing of the patent.— Gibson v. Chouteau, 13 Wall. 92 ; Mellhinney v. Ficke, 61 Mo. 329 ; Miller v. Dunn, 62 Mo. 216. Title does not pass where no patent has issued.— Wilcox v. Jackson, 13 Pet. 499. The confirmation of 1816 was limited to the special claims enumerated. — St. Louis v. Laughlin, 49 Mo. 559 ; Gi'umley v, Webb, 44 Mo. 444. Where the confirmee is not in esse, the confirmation is a nullity. — Stubblefield v. Briggs, 2 Ohio…
1Opinion of the CourtBakewell, J.
This is an action of ejectment to recover one fifty-fifth part of the tract of land known as United States survey No. 1927, containing about four hundred arpents. On January 1, 1800, Don Carlos De Lassus conceded to Leon N. St. Cyr, in accordance with his application, four hundred and nine arpents of the land, and ordered Don Antonio Soulard to survey the land, and put St. Cyr in possession, at the locality indicated in his petition, “to be taken in the rear of the concession of the late Antoine Morin, Antoine Roy, and Benito Vasquez.” Soulard, surveyor particular of Upper Louisiana, surveyed…
2Cases cited3 opinions
- Aubuchon v. AmesSupreme Court of Missouri · 1858
- Langlois v. CrawfordSupreme Court of Missouri · 1875
- Watson v. BissellSupreme Court of Missouri · 1858