Bray v. Thatcher
Supreme Court of Missouri
Appeal from, Mercer Circuit Court. This was an action by Hardin P. Bray against Daniel N. Thatcher, Lilburn P. Smith and Azariah L. ■ Hupp.
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Appeal from, Mercer Circuit Court. This was an action by Hardin P. Bray against Daniel N. Thatcher, Lilburn P. Smith and Azariah L. ■ Hupp. The plaintiff set forth that on the 5th of January, 1852, he owned in fee simple a specified tract of land; that on said day “ one Daniel N. Thatcher and one Lilburn P. Smith, together with divers other persons, riotously assembled themselves together for the purpose of compelling plaintiff to make to said Thatcher and Smith a deed to the above described tract of land, and by divers threats and menacings toward said plaintiff, of and by said parties when…
1Opinion of the CourtScott, Judge
This is not an action for the recovery of money only, or of specific real or personal property. The object of the petition is to set aside conveyances of land and procure re-conveyances on the grounds of violence and fraud practiced in obtaining them. Such being the aim of the suit, it was not properly tried by a jury. It is obvious that the responsibility of trying the action has been shifted from the court and imposed on a jury against the provisions of law. It is no answer to this to say that the court may have adopted the finding of the jury as its own, for courts frequently acquiesce in…
2Cited by3 opinions
- Tucker v. TuckerSupreme Court of Missouri · 1860
- Hunter v. WhiteheadSupreme Court of Missouri · 1868
- Repetto v. WaltonSupreme Court of Missouri · 1926