7 Mo. 503 | Mo. | 1842
Opinion of the, Court, delivered by
This was an action of ejectment brought by Papin against Sarpj, to recover a tract of land in St. Louis county. The plaintiff gave in evidence a patent from the United States, dated 15th June, 1826, and a plat of survey; ‘and proved that the defendant was in possession at the commencement of the suit. The defendant gave in evidence the proceedings of the board of commissioners on the claim of Pierre Francis Davolsey to the land in dispute, recommending the same for confirmation ; and the claim was confirmed by act of congress of 4th July, 1836. Notice of this claim was
On the motion of the plaintiff, Papin, the circuit could instructed the jury, that the patent of Papin was a better legal title than the claims of Davolsey and Brazeau, as confirmed by the act of 4'th July, 1836. The defendant asked the court to instruct the jury that the patent of Papin vested in him no title. This instruction was refused.
No other questions are presented here, except such as arise on the instructions, and facts preserved by the record. The instruction given by the court involves a simple inquiry between the rights accruing by the act of 4th July, 1836, and those conferred by a patent for .the same land in 1826. The second section of the ac^of 4th July, 1836, provides, “that if it shall be found that any tract or tracts confirmed as aforesaid, or any part thereof, had been previously located by any other person or persons, under any law of the United States, or had been surveyed and sold by the United States, this act shall confer no title to such lands, in opposition to the rights acquired by such location or purchase, but the individual or individuals whose claims are hereby confirmed, shall be permitted to locate so much thereof as interferes with such location or purchase, on any unappropriated land of the United States. &c.”
11 is contended on behalf of the defendant, that this section only embraces such sales and locations as were made in strict conformity to law. Let us see how this construction
The court is therefore of opinion that tlie instruction given by the circuit court was correct.
In relation to the instruction which the court refused to give, at the instance of the defendant, we must look into the record and see if the facts preserved therein would have au-thorised the court to declare the patent void. A patent may
Judgment affirmed.