John McLean

“ On this state of facts, the defendant's counsel moved the Court to instruct the jury, that the entry or New Madrid location, made by Morgan Byrne in his own name, is proof of a legal title to the land; and is a sufficient defence against all persons who do not show a better legal title to the same land. That if the jury believe the patent, a copy of which has been given in evidence by plaintiff, issued on the location made by Morgan Byrne, the patent is not such title as will avail against the location. ”

“ The revised code of Missouri of 1825, which was in force when this action was commenced, provides that a New Madrid location shall be a title on which to sustain an action of ejectment against any person not having a better title.
The defendant's show, by deeds of conveyance from John Robertson, Jr., that Morgan Byrne had a full and clear title to the 640 acres of land near New Madrid; that he relinquished said land, under the act of Congress of 1815, to the United States, and located the section of land now in controversy. ”

“ Had not such an argument been advanced, I should have supposed that two things so wholly disconnected as this premiss and conclusion could never be associated in the mind of any one.
How is the public lands endangered by the establishment of this rule? ”