Berthold v. McDonald
Supreme Court of Missouri
Error to St. Louis Land Court. This was an action in the nature of an action of ejectment. Plaintiffs assert title to a tract of two by forty arpens under a confirmation by the old board of commissioners to Charles Gra-tiot. Defendants claim under a confirmation by the same board ■to one Jeannette.
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Error to St. Louis Land Court. This was an action in the nature of an action of ejectment. Plaintiffs assert title to a tract of two by forty arpens under a confirmation by the old board of commissioners to Charles Gra-tiot. Defendants claim under a confirmation by the same board ■to one Jeannette. The following facts appeared upon the trial: ‘Charles Gratiot, claiming a tract of two by forty arpens, situate in the Prairie des Noyers, as assignee of Jeannette Floré, ^presented his claim for confirmation under the act of Congress ■of March 8, 1807. He produced before the board a report of ■.a…
1Opinion of the CourtSoott, Judge
This is a case of the first impression in our courts. We have not found one in which there has been in our tribunals a con*131troversy as to the relative merits of two confirmations for the same tract of land under the act of Congress of the 3d of March, 1807.
We are not prepared to acquiesce in the correctness of the assumption that the principle of the case of Landes v. Brant, (10 Howard, 348,) is applicable to that now under consideration. The rule there maintained is, that when the commissioners under the act of Congress of the 3d of March, 1807, for the adjustment of land titles in Missouri,…
2Cases cited2 opinions
- Mercier v. LetcherSupreme Court of Missouri · 1855
- Chesneau's Heirs v. SadlerSupreme Court of Louisiana · 1822
3Cited by1 opinion
- Magwire v. TylerSupreme Court of Missouri · 1867