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Stuart Banner - Legal systems in conflict: property and sovereignty in Missouri, 1750-1860

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    Legal systems in conflict: property and sovereignty in Missouri, 1750-1860
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title Legal Systems in Conflict Property and Sovereignty in Missouri - photo 1

title:Legal Systems in Conflict : Property and Sovereignty in Missouri, 1750-1860 Legal History of North America ; V. 7
author:Banner, Stuart.
publisher:University of Oklahoma Press
isbn10 | asin:0806131829
print isbn13:9780806131825
ebook isbn13:9780585242033
language:English
subjectLaw--Missouri--History, Real property--Missouri--History.
publication date:2000
lcc:KFM7878.B36 2000eb
ddc:346.77804/2
subject:Law--Missouri--History, Real property--Missouri--History.
Page i
Legal Systems in Conflict
Legal History of North America
Page ii
Legal History of North America
General Editor
Gordon Morris Bakken, California State University, Fullerton
Associate Editors
David J. Langum, Samford University
John P. S. McLaren, University of Victoria
John Phillip Reid, New York University
Page iii
Legal Systems in Conflict
Property and Sovereignty in Missouri, 17501860
Stuart Banner
Page iv Also by Stuart Banner Anglo-American Securities Regulation - photo 2
Page iv
Also by Stuart Banner
Anglo-American Securities Regulation: Cultural and Political Roots,
16901860
(Cambridge and New York, 1998)
Library of Congress Cataloging-in-Publication Data
Banner, Stuart, 1963
Legal system in conflict: property and sovereignty in Missouri,
17501860 / by Stuart Banner.
p. cm. (Legal history of North America; v. 7)
Includes bibliographical references and index.
ISBN 0-8061-3182-9 (cloth: alk. paper)
1. LawMissouriHistory. 2. Real propertyMissouriHistory.
I. Title. II. Series.
KFM7878.B36 2000
346.77804'2dc21 99-36236
CIP
Legal Systems in Conflict: Property and Sovereignty in Missouri, 17501860 is Volume 7 in the Legal History of North America series.
Text design by Gail Carter.
The paper in this book meets the guidelines for permanence and durability of the Committee on Production Guidelines for Book Longevity of the Council on Library Resources, Inc. Picture 3
Copyright 2000 by the University of Oklahoma Press, Norman, Publishing Division of the University. All rights reserved. Manufactured in the U.S.A.
1 2 3 4 5 6 7 8 9 10
Page v
FOR JILLIAN AND HARRISON,
TWO NATIVES
Page vii
CONTENTS
List of Maps
ix
Acknowledgments
xi
Note on Sources and Translations
xiii
Introduction
3
Part I: France and Spain, 17501803
11
1. Upper Louisiana
13
2. Sources of Written Law
36
3. Unwritten Norms
51
4. Common Fields
67
Part II: United States, 18031860
83
5. Transition
85
6. Lawyers
101
7. Written Law
122
8. Private Land
137
Conclusion
149
Notes
153
Bibliography
181
Index
201

Page ix
MAPS
1. The Illinois Country, 1778
15
2. Missouri Territory, 1814
110
3. St. Louis Common, 1838
142

Page xi
ACKNOWLEDGEMENTS
For useful advice on the entire manuscript, I would like to thank Gordon Bakken, Charles Cutter, Tom Green, and especially David Langum, who offered suggestions on several occasions. Many more people helped on individual chapters, including Susan Appleton, Morris Arnold, Tamara Detloff, Robert Ellickson, Richard Epstein, Kathy Goldwasser, Michael Grossberg, Richard Helmholz, Bill Jones, Dan Keating, David Konig, Stan Krauss, Richard Lazarus, Steve Legomsky, Lynn LoPucki, Bruce Mann, Ronald Mann, Curtis Milhaupt, Andy Rutten, Bob Thompson, and participants in workshops in the law school and the economics department at Washington University. As the bibliography demonstrates, I owe an enormous debt to the archivists at the Missouri Historical Society. Thanks are also due the archivists at the University of Missouri's Western Historical Manuscripts Collection, the Missouri State Archives, the New-York Historical Society, and the New York office of the National Archives, and to the law librarians at Washington University. For extraordinary research assistance, I thank Joe Fiorill, James McElveen, and Shawn Van Asdale. Portions of this book have previously been published as "Written Law and Unwritten Norms in Colonial St. Louis,"
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