Langlois v. Crawford

• Decision Date: 31 March 1875
• Citation: 59 Mo. 456
• Parties: JOHN W. LANGLOIS, Appellant, v. ROBERT H. CRAWFORD, Respondent.
• Court: Missouri Supreme Court

59 Mo. 456

JOHN W. LANGLOIS, Appellant,

v.ROBERT H. CRAWFORD, Respondent.

Supreme Court of Missouri.

March Term, 1875.

Appeal from Cape Girardeau Circuit Court.

Lewis Brown, for Appellant.

I. The Sharadin deed was competent evidence, because, under the Spanish law, before introduction of the common law, a deed was not necessary to convey land. It could be legally conveyed by parol. (Mitchell vs. Tucker, 10 Mo., 260; Long vs. Stapp, 49 Mo., 506; Allen vs. Moss, 27 Mo., 354.)

II. The statute of limitations did not begin to run until February 1874, as the statute would not apply to the United States nor their grantees, until the delivery of the patent. (Gibson vs. Chouteau, 50 Mo., 86; Same case in 13 Wall., 92.)

Houck and Ranney & Sanford, for Respondent.

I. The case of Chouteau vs. Gibson, (50 Mo., 85) cannot be held applicable here, because predicated upon a peculiar provision of the New Madrid act, requiring the issuance of a patent. In the present case the act of Congress operated as a grant, and a grant may as well be made by a law as by a patent pursuant to law. (Strother vs. Lucas, 12 Pet., 454; Chouteau vs. Eckhardt, 2 How., 372.)

But again, Gibson vs. Chouteau, (13 Wal., 92) cited by appellants, does not apply, because the land here in litigation was acquired by Jacob Sharadin, Jr., not under the United States but under the Spanish government; and for that reason no patent was required.

NAPTON, Judge, delivered the opinion of the court.

The plaintiff, Langlois, brought suit in ejectment in Nov. 1872, to recover 640 acres of survey No. 2266, in T. 29 and 30, N. range 11 east. The alleged entry is alleged to have occurred in Sept. 1868. The answer is, first, a mere denial of the allegations of the petition, and, second, a plea of the statute of limitations both of ten and twenty years.

The case was heard by the court in 1874, and a verdict and judgment for the defendant were rendered.

The bill of exceptions shows the following testimony on the trial: The plaintiff introduced a patent from the United States, on the 24th of February, 1874. This patent recites a patent certificate No. 1359, of the recorder of land titles at St. Louis, by which it appeared that by the act of April 29, 1816, (which confirmed the confirmations of Recorder Bates) there were confirmed to the representatives of Jacob Sharadan, Jr., six hundred and forty acres of land, and that said land had been surveyed in 1856, and was designated as survey 2266, which land, it is stated, was claimed as a settlement right under the 2nd section of the act of 2nd of March, 1805, and notice of which claim was given in accordance with the 7th section of the act of 30th June, 1812, and confirmed as before stated by the report of Recorder Bates, and the confirmation by congress in 1816.

It was agreed that two tracts of six hundred and forty acres each were confirmed in this township, one to Jacob Sharadin, No. 2267, and one to Jacob Sharadin, Jr., No. 2266, as shown by the plat in the bill of exceptions. There further appeared from Bates' report on February, 3, 1816, as found in Am. State papers, (Vol. 3, p. 312) the following entry: “Jacob Sharadin, Jr., representatives--Land claimed, 800 arpents--situation, waters of White river--possessed, inhabited and cultivated in 1803 and 1804. Granted 640 acres.”

The plaintiff then introduced in evidence a certified copy from the books in the office of recorder of land titles of an assignment of Jacob Sharadin and others, dated February 25, 1806, as follows:

“Jeremiah Able, assignee of Ezekiel Able, claims title to 940 acres of land lying on White Water, in the district of Cape Girardeau, adjoining lands formerly claimed by Wm. Smith and Daniel Brant, which said land was granted to Wm. Murphy, and actually settled and cultivated prior to the 20th day of December, 1803, which wast ransferred by Wm. Murphy to Ezekiel Able, the 25th day of February, 1806, and recorded in the recorder's office, and assigned from said E. Able to Jeremiah Able, and the said Jeremiah Able now claims under the original settlement and cultivation made by said Murphy.” (signed) Jeremiah Able, Assignee &c. To Frederick Bates, Recorder of Land Titles, for Louisiana Terry.

“We, the undersigned persons, inhabitants of the district of Cape Girardeau, do sell and convey to Ezekiel Able of the district aforesaid, all our right, title and claim to certain lands situate, lying and being in the district aforesaid, which we held by the right of a settlement, by ourselves and families, which land (we) will forever warrant and defend unto the said Ezekiel Able, his heirs and assigns forever, from ourselves, our heirs and assigns, and from any other person or persons claiming any authority under us. In witness whereof we have hereunto set our hands and affixed our seals, this 25th day of February, one thousand eight hundred and six.” Signed by Murphy, Brant and various others, and among them “Jacob Sharadin, 640”; then follows this: “We affirm the above to be the true statement of our families. Given under our hands the above date. Test, William Murphy, &c., &c., and among others “Jacob Sharadin,” [seal.]

This paper is marked, “Received and recorded 25 Dec. 1806, and examined per me. Edwd. F. Bond, Recorder.”

Then follows the certificate of Robert Hall, one of the U. S. justices for the Court of Common Pleas, in and for the district aforesaid, which certifies that William Murphy, being duly sworn, etc., deposeth and says that he saw the within parties sign and make their accustomary marks, and deliver the same as their own act and deed. This certificate is dated March 4, 1807. There are other certificates signed by John Byrd, but in what capacity does not appear. The entire paper and certificate are then marked “Received and recorded the 5th of March, 1807, per Ed. F. Bond, Recorder.” And then follows this certificate: “I do certify that the foregoing is a true copy taken from the records of Cape Girardeau. Given under my hand this 4th day of June, 1808. George Henderson, Recorder.”

Finally comes the certificate of the recorder of land titles at St. Louis, dated March 28, 1874, stating that the above papers, certificates, etc., are correctly copied from page 127 of a book marked, Record Book E, kept by the recorder of land titles, under the provisions of the act of congress of the 2nd March, 1805--which book is up to this day preserved on file in this office. (Signed) Stilman O. Fish, Recorder.”

To the introduction of all this evidence of an assignment, objections were made; 1st. because said assignment is immaterial in this case, and not made by Jacob Sharadan, Jr.; 2nd. because the assignment does not establish title to survey 2266; 3rd. because it is uncertain, and 4th. Because it is for another and different tract of land. These objections were sustained and an exception was taken.

The plaintiff then gave in evidence a sheriff's deed, made in 1855, conveying to Elizabeth Stephenson all the right, title and interest of John Able and Elizabeth Stephenson, to survey No. 2266 in town. 29 and 30, range No. 11 east, and a deed from Elizabeth Stephenson to plaintiff in 1868, conveying the same to him without warranty.

A copy of Milburn's survey in 1818, of the six hundred and forty acres confirmed to Jacob Sharadin, Jr., No. 2266, was then given in evidence.

The plaintiff then read the depositions of the following purport: Elizabeth Stephenson stated in substance that she was eighty years old; that she was a daughter of Ezekiel Able; that she knew her father bought of Jacob Sharadin, Jr. his right to survey 2266, situated on White Water in this county; thinks the sale was made in 1804; is certain the trade was made, because her father, who it seems, had a store, promised her a silk dress, but failed to comply because he sold out his goods to Jacob Sharadin, Jr., in exchange for this land. He also bought other lands of Jacob Sharadin, Sr. Up to his death, in 1820, he always claimed it as his property and often spoke of it. No one ever disputed it, so far as witness knew. Thinks it was in 1817 or 1818 the land was surveyed. This survey was by a man who acted under the direction of Rector, who was some way connected with the U. S. surveyor's office. A man by the name of Sprigg was frequently with Rector surveying, also a young man by the name of Hutching was frequently with Rector, and at the house of witness' father. This deposition was taken in March, 1874.

The next deposition read by plaintiff was that of Albert Jackson, but there is nothing material in it. He came to Cape Girardeau in 1838, and was at one time the legal adviser of Elizabeth Stephenson, and had heard of a deed from Jacob Sharadin to Ezekiel Stephenson, but never saw it.

John Able testifies that he is seventy-eight years old; that he was a son of Ezekiel Able, who died in 1821; thinks he has seen a conveyance from Jacob Sharadin for his land claim near White Water bridge, to his father, Ezekiel Able, dated in 1807; thinks he saw it in 1838, when his brother had it; that Sanford and Greer Davis had a part of it in possession in 1856 and 1858, but his sister (Mrs. Stephenson) paid the taxes on it; that Hitt was connected with it; is under the impression that Sanford, Davis and Hitt had possession since 1856, that they claimed it.

After proof of the value of rents and profits, plaintiff rested, and defendant then offered a deed from Meder, Lunn and others, in 1827, describing themselves as the only heirs and legal representatives of Jacob Sheridan, Jr., and Jacob Sheridan, Sr., to James Shackelford, both of the parish of Nachitoches, in Louisiana. It is hardly necessary to notice this deed in detail, as no proof was offered to show that Meder, Lunn and the other parties' grantors were heirs of either Jacob Sharadin, Jr., or Jacob Sharadin, Sr., (supposing the name Sheradin and Sharadan to have been the same) and there is no pretence that the deed was executed or acknowledged in conformity...