City of St. Louis v. Whitman Agr. Co.
| Decision Date | 01 June 1911 |
| Citation | 235 Mo. 29,138 S.W. 648 |
| Parties | CITY OF ST. LOUIS v. WHITMAN AGR. CO. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court; Danl. G. Taylor, Judge.
Ejectment by City of St. Louis against Whitman Agricultural Company. Judgment for defendant, and plaintiff appeals. Affirmed.
L. E. Walther and Henry W. Allen, for appellant. Edw. C. Kehr, for respondent.
This is an action of ejectment for land lying between the east line of blocks 16 and 17 of Eiler's survey of the former town of Carondelet, now blocks 3008 and 3009 of the city of St. Louis. The land in dispute is an accretion to the original land in those blocks. The facts of this case are exactly like those in the case of City of St. Louis v. St. Louis Blast Furnace Company, 138 S. W. 641, No. 14,630, which we have just decided (not yet officially reported), except it is different property and a different defendant; except, also, that besides evidence locating and describing the land in dispute the plaintiff introduced in evidence only the Brown's survey of the outboundaries of Carondelet, made in 1834, which was in evidence in the Blast Furnace Case. Plaintiff introduced no other evidence, but relied on that survey as its sole evidence of title. We said in the Blast Furnace Case all that we have to say in respect of the effect of the Brown's survey, and we have now nothing to add. The trial court decided that under the evidence adduced the city of St. Louis had no title to the land in question. That decision was correct.
For the reasons given in the opinion in Blast Furnace Case above mentioned, the judgment in this cause is affirmed. All concur.
To continue reading
Request your trial
-
American Steel & Wire Co. of N. J. v. City of St. Louis
... ... Louis v. Mo. Pac. Ry ... Co., 114 Mo. 13; Tatum v. St. Louis, 125 Mo ... 647; Sweringen v. St. Louis, 151 Mo. 348; St ... Louis v. Whitman, 235 Mo. 39. (3) Conveyance of land ... bordering towpath wholly made from the grantor's land, ... and lying between land conveyed and navigable ... ...
- City of St. Louis v. St. Louis Blast Furnace Co.
-
Miller v. Proctor
...their own title, and must show title, not a mere right to title. St. Louis v. St. Louis Blast Furnace Co., 235 Mo. 1; St. Louis v. Whitman Agricultural Co., 235 Mo. 29; Akins v. Adams, 256 Mo. 2; Hall v. Gallemore, 138 Mo. 638; Robinson v. Claggett, 149 Mo. 153. Plaintiffs made no attempt t......
-
Von Eime v. Fuchs
... ... [8 S.W.2d 825] ... Appeal from Circuit Court of St. Louis County. — Hon. G.A. Wurdeman, Judge ... AFFIRMED ... Maddon v. Ry. Co., 50 Mo. App. 66; Bradley v. City of Spickardsville, 90 Mo. App. 416; Nash v. Dowling, 93 Mo. App. 156; ... ...