7 Mo. 98
Decided August 15, 1841
Supreme Court of Missouri · decided 1841-08-15
Error from the Cooper Circuit Court. 1st. That the court erred in rejecting the original grant as incompetent evidence to go to the jury. 2d. The notice of claim to the land mentioned in the concession-j and the proceedings had before the board of commissioners, commencing with the notice of claim and ending with a confirmation of the claim, was competent proof to go to the jury, and the court erred in rejecting it. 1 Missouri R. 777; 4 M. R. 450; act of congress “for the…
Decided 1841-08-15
¶1I concur in affirming the judgment of the circuit court, because the recorder’s certificate do.es not show that this claim was one acted on under the laws of 1832 & 33. 1 am not well informed as to the validity or invalidity of the pa- • . *106tent, but am decidedly of opinion that there has been no title previous to the patent, on which the action of ejectment can be sustained under our statute.
¶2I concur m the opinion of Judge Napton.