Buschmann v. City of St. Louis
| Decision Date | 08 May 1894 |
| Citation | 26 S.W. 687 |
| Parties | BUSCHMANN et al. v. CITY OF ST. LOUIS et al. |
| Court | Missouri Supreme Court |
1. In laying out an addition, in 1867, to a city, plaintiffs failed to comply with Gen. St. 1865, p. 247, providing for filing an accurate plat designating the parcels reserved for public purposes, by neglecting to expressly plat or dedicate the land in question, lying between the wharf line, as fixed by ordinance, which was the eastern boundary of the numbered lots, and the river. The appearance of this parcel on the plat was the same as that of unnamed dedicated streets of the addition. But three of the seven streets were named. This space, by an ordinance, had been declared a highway for wharf purposes, and was used and known as such since 1867, and so recognized by plaintiffs in deeds executed by them of lots abutting thereon. Held sufficient to show that the land in question was dedicated to the public.
2. The payment of taxes will not rebut a clear intention to dedicate property to the public.
3. A dedication of property to a city is valid, though not expressly accepted.
Appeal from St. Louis circuit court; L. B. Valliant, Judge.
Action by Charles and Louis Buschmann against the city of St. Louis and the St. Louis, Keokuk & Northwestern Railroad Company. Prom a judgment for defendants, plaintiffs appeal. Affirmed.
Lubke & Muench, for appellants. John G. Chandler and W. C. Marshall, for respondents.
This is an action of ejectment by Charles L. and Louis W. Buschmann against the city of St. Louis and the St. Louis, Keokuk & Northwestern Railroad Company to recover possession of a tract of land of 1.83 acres, lying between the east line of city block 2506 and the Mississippi river, as indicated by the accompanying plat:
NOTE: OPINION CONTAINING TABLE OR OTHER DATA THAT IS NOT VIEWABLE
The defense was a dedication to the public use by the plaintiffs. The cause was tried before Judge Valliant without a jury. It was admitted that Louis Bissell was the common source of title. On the 10th of August, 1867, Bissell and wife, by deed duly acknowledged and recorded, conveyed to plaintiffs 16.76 acres, bounded north by Ferry street, east by the Mississippi river, south by property of Chouteau, Harrison, and Valle, and west by the center line of Gingras creek. It was then shown by Bleeck, a surveyor, who surveyed the lot sued for a short time prior to the commencement of this suit, in August, 1890, that the land in dispute is a part of the tract plaintiffs bought of Bissell. In October, 1867, they caused this tract of land to be surveyed and subdivided by W. H. Cousins surveyor and civil engineer. On the 18th day of October, 1867, they acknowledged this plat, and put it upon record. The plat embraces all the lands bought by them of Bissell. Their acknowledgment states: "The above plat represents Buschmann's addition to the city of St. Louis, as laid out and subdivided by the undersigned legal owners; and the streets and alleys as therein represented are hereby dedicated to public use forever." This plat contains six blocks, laid off in lots. It has seven streets, and the disputed space between block 1 and the river, an east and west alley subdividing lots 2, 3, and throughout, and the west half of block 1, and a north and south alley intersecting block 1. Of all these streets but three have any names upon them, or any words designating that they are streets; and, of these, one — Ferry street — existed before the plat was made, and constituted the north boundary of the property by Bissell's deed. Augusta street (now Penrose), on the south line of the property, and Buschmann street, between blocks 1 and 2, bear names. The other streets, namely, between blocks 2 and 3, 3 and 4, 4 and 5, and 5 and 6, are not otherwise designated on the plat than by blank, uncolored strips, in this agreeing exactly with the space between block 1 and the river. The distance of Ferry street from the east line of block 1 to the east line established by Bissell, is given as 355 feet 5¼ inches, as are the widths of the various streets between blocks as 60 feet The city reservoir property north of Ferry street is also designated on the plat The east line of block 1 of this subdivision (now city block 2506) is identical with the west wharf line as established by City Ordinance 5403, passed in 1864. Ordinance 5403 established the wharf as a public highway for wharf purposes from the south side of Biddle street to the northern boundary of the city, defining the western boundary line of the wharf in its entire length, which line "passes a point in the center of Ferry street, which point is distant 2,500 feet eastwardly from First [Main street], measured along the center line of said Ferry street" It also defines the eastern boundary of the wharf as "distant eastwardly from said western boundary line 300 feet.' The city, by Ordinance No. 1805, approved February 6, 1847, had ordained that "Front street, as at present defined by ordinance, shall be, and the same is hereby, declared to be part and portion of the wharf." With the west boundary line of this wharf so established plaintiffs made the east boundary of their block No. 1 to conform, and left the space vacant between that and the river unnamed, as they did the vacant space between blocks, except only Buschmann street.
On the 1st day of October, 1867, — evidently after this plat was made, and in contemplation of its being acknowledged and recorded, — plaintiffs, with their wives, executed a deed to John G. Redmeier for lot 1 in block 1 of their addition in consideration of $1,209.57. The description is as follows: "Lot No. 1 in block No. 1 of Buschmann's addition to the city of St. Louis, a plat of which is recorded in the recorder's office of St. Louis county, said lot having a front of 33 feet seven inches on the west line of the wharf 400 feet wide, by a depth westwardly of 154 feet 4 inches, to an alley 20 feet wide; is bounded on the north by Ferry street, east by said wharf, south by lot No. 2 in said block No. 1, and west by said alley." On the same October 1, 1867, plaintiffs conveyed to Davis Shaw other lots in the same block in consideration of $830.43. The description is as follows: Both of these deeds were acknowledged October 14, 1867, just four days before the plat was acknowledged and recorded. Appellants, on January 29, 1868, conveyed other lots in the same block to Casper Wiegand, in consideration of $1,608.33, the deed describing them as follows: "Lots numbered 10 and 11 of block No. 1 of Buschmann's addition to the city of St. Louis, a plat of which is recorded in the recorder's office of St. Louis county, said lots having aggregate front of 64 ft. 4 inches on the west line of the wharf, by a depth westwardly of 120 feet 1 inch on the southern line of lot No. 11, and 132 feet ½ inch on the northern line of Lot No. 10, to alley 20 feet wide, having an aggregate front of 62 feet 8 and ½ inches on the eastern line of the alley; and bounded on the north by lot No. 9 in said block No. 1, south by Augusta street, east by wharf, and west by said alley." This deed was acknowledged February 21, 1868, recorded May 2, 1868. Immediately after the execution of these conveyances the grantees built on their respective lots, in each instance placing the front of their building on the east line of the block, or the west wharf line; and said buildings have ever since remained there, except that one of them was burned, and subsequently rebuilt, and they yet remain, as does also a building put up by plaintiffs themselves immediately after the making of their plat; but there was always space for driving and passage between the lumber and wood, and the space of 70 feet immediately in front of the block was always free and unobstructed. Some 15 years ago, plaintiffs sold to Smith and Gartside a piece adjoining Ferry street, 110 feet wide and 300 feet deep towards the river, lying 70 feet east of the west wharf line. On this piece an ice house was built. By a series of conveyances this passed to the St. Louis Merchants' Bridge Company about two years before the trial, to which company also plaintiffs made a quitclaim deed about the same time for the 70 feet between lots 1 and 2 of block 1 and this ice-house piece.
The city, by Ordinance No. 8,003, approved June 25, 1872, established the grade of the wharf in the northern part of the city, fixing the grade at "Augusta street 12 feet, thence to the northern city limits at the water works 13 feet vertical to 100 feet horizontal." The city, by Ordinance 14,797, approved February 14, 1887, granted to the Merchants' Bridge Terminal Railway Company the right to construct, maintain, and operate a railroad for the purpose of connecting its track with the bridge...
To continue reading
Request your trial