(Download) "Glasgow Et Al. v. Hortiz Et Al." by United States Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Glasgow Et Al. v. Hortiz Et Al.
- Author : United States Supreme Court
- Release Date : January 01, 1861
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Mr. Bates, Attorney General, for plaintiffs in error. It appears that the land in question lies outside of the out-boundary as surveyed under the act of 1812, and outside of the limits of the corporation, as designated in 1809; yet the defendant, while this is obvious to the eye upon the map, and admitted upon the record, still insists that the land he claims, though clearly not within nor adjoining the town, did, nevertheless, belong to the town. If that were so, it was for him to show it. The jury, even, did not find it as a fact. Indeed they could not so find it; for the phrase 'belonging to the town,' as used in the act of 1812, does not imply ownership or proprietary right, but jurisdiction and governmental control. Neither did the court find it as matter of law. There is no such finding by court or jury in the case. This question of out-boundary has never been passed upon by this court, and never by the Supreme Court of Missouri, except in this very case, as reported in 23 Mo., 532. And so, the supposition of adverse counsel, that this case is covered and controlled by the case of Guitard vs. Stoddard, (16 How., 507,) is a clear mistake. That case did not touch this question. In that case the question was not of locality–whether within or without the boundary–but a question of the time and manner of proving up the claim. The Circuit Court held that it could not be proven then, at the trial, but that the claimant ought to have made his proof before the recorder, under the act of May 26, 1824. And that was the point upon which this court reversed the judgment of the court below.
 "Glasgow Et Al. v. Hortiz Et Al." by United States Supreme Court " eBook PDF Kindle ePub Free){kind=link}