Cottle v. Sydnor
Supreme Court of Missouri
ERROR to Lincoln Circuit Court. 1. The third instruction is erroneous, because it assumes that the patent to defendant conveys a better title than the plaintiff’s confirmation of older date. 2. The fourth instruction is erroneous, because it assumes that the plaintiff was only entitled to the quantity mentioned in. his grant, although the confirmation was for all within his survey— a larger quantity'. In support of these positions, the plaintiff relies.on the decision of…
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ERROR to Lincoln Circuit Court. 1. The third instruction is erroneous, because it assumes that the patent to defendant conveys a better title than the plaintiff’s confirmation of older date. 2. The fourth instruction is erroneous, because it assumes that the plaintiff was only entitled to the quantity mentioned in. his grant, although the confirmation was for all within his survey— a larger quantity'. In support of these positions, the plaintiff relies.on the decision of this Court at its last term in the case of Harold and wife vs. Simonds and Bailey. The cases are precisely parallel. 3. The…
1Opinion of the CourtNapton, J.
This was an action of ejectment instituted by Cottle in tbe Circuit Court of Lincoln county, to recover possession of a small tract of land alleged to be within tho limits of a Spanish survey. The original concession was made by Lieutenant Governor Delassus on the 20th Septem- . her, 1799, and was surveyed by James McKay on the 23rd December, 1803, and certified by him on the 20th January, 1804. The claim before the board of commissioners was for 350 arpens, situate on the waters of the river Cuivre, in the district of St. Charles. In July, 1803, the board granted the said claimant 350…
2Cases cited3 opinions
- Green v. LiterSupreme Court of the United States · 1814
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Hord v. BodleyCourt of Appeals of Kentucky · 1824
3Cited by4 opinions
- Lee v. . AdsitNew York Court of Appeals · 1867
- Ozark Plateau Land Co. v. HaysSupreme Court of Missouri · 1891
- Wood v. White Eagle Oil & Refining Co.Missouri Court of Appeals · 1925
- Lee v. AdsitNew York Court of Appeals · 1867