Maguire v. Vice
| Decision Date | 31 March 1855 |
| Parties | MAGUIRE, Appellant, v. VICE, Respondent. |
| Court | Missouri Supreme Court |
1. A confirmation by the act of congress of March, 3rd, 1807, and a patent is a better legal title than a confirmation by the same act without a patent.
2. A party, who, under the present practice, seeks equitable relief against a legal title, must set forth such a state of facts as would have entitled him to the relief under the old practice.
Appeal from St. Louis Court of Common Pleas.
This was an action commenced in January, 1852, for the possession of a lot in the northern part of the city of St. Louis, claimed by the plaintiff to be within what is known as the Brazeau reservation, when truly located.
The following is deemed a sufficient statement of the facts: On the 10th of June, 1794, the Spanish lieutenant governor conceded to Joseph Brazeau four by twenty arpents of land. On the 9th of May, 1798, Brazeau sold the land conceded, to Louis Labeaume, reserving for himself four by four arpents in the southern end of the tract. Plaintiff is the legal representative of Brazeau as to this reservation. In 1799, Labeaume obtained from the governor an extension of his tract acquired from Brazeau, and a survey of the whole was executed by Soulard. Plaintiff claims that this survey erroneously included the four by four arpents reserved by Brazeau in his deed to Labeaume. Defendant is tenant of the legal representatives of Labeaume. On the 22nd of September, 1810, the board of commissioners confirmed 356 arpents to Labeaume or his legal representatives, and four arpents to Brazeau or his representatives, and ordered that the same be surveyed agreeably to the concession to Labeaume, and as respects the four arpents, agreeably to a reserve made in the deed from Brazeau to Labeaume. Surveys were not executed and approved until February, 26, 1852, after the commencement of this suit. Patents for both tracts were issued on the 26th of March following. The patent to Labeaume or his legal representatives embraces the land in Soulard's survey and the land in controversy. The patent to Brazeau is for four by four arpents immediately south of the land patented to Labeaume.
A large mass of evidence was introduced in the court below bearing upon the question of the true location of the four by four arpents reserved by Brazeau in his deed to Labeaume, and this question was submitted to the jury under instructions from the court, the surveys and patents not being treated as...
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Troll v. City of St. Louis
...from Chouteau and his vendees, one "John Magwire" acquired Brazeau's title to his reservation in January, 1852. This "Magwire" is the John Maguire of the present record, who eight months afterwards conveyed a one-twelfth in a three-fourth interest to Mr. Dickson as hereinbefore set forth. L......
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Troll v. City of St. Louis
...from Chouteau and his vendees, one "John Magwire" acquired Brazeau's title to his reservation in January, 1852. This "Magwire" is the John Maguire of the present record, who eight afterwards conveyed a one-twelfth in a three-fourths interest to Mr. Dickson as hereinbefore set forth. Lebeaum......
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Magwire v. Tyler
...in another place. (See deed of John Magwire to Louis V. Bogy.) To this same effect the Supreme Court of Missouri has decided in Magwire v. Vice, 20 Mo. 429; Magwire v. Tyler, 25 Mo. 433, and S. C. 30 Mo. 202. The Supreme Court of the United States has held, upon this identical title, to the......
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Frowein v. Poage
...equitable rights have never been overthrown and the principles by which these rights are to be determined yet remain unchanged. Maguire v. Vice, 20 Mo. 429; Richardson v. Means, 22 Mo. 495; Bliss v. Prichard, 67 Mo. 191; Kline v. Vogel, 90 Mo. 249; State ex rel. v. Evans, 176 Mo. 317. The p......