Grimsley v. White
| Decision Date | 31 January 1831 |
| Citation | 3 Mo. 45 |
| Parties | GRIMSLEY v. WHITE. |
| Court | Missouri Supreme Court |
APPEAL FROM THE CIRCUIT COURT OF ST. LOUIS COUNTY.
GEYER and SPALDING, for plaintiff.
GAMBLE, for defendant.
Grimsley brought his action of ejectment against White in the Circuit Court of St. Louis county; judgment was there given for White, the defendant. To reverse this judgment Grimsley appeals. Grimsley and White, it appears by the facts preserved in the bill of exceptions, were joint purchasers of a lot in the city of St. Louis, bounded on the east by Church or Second street, and on the south by north C. street. This lot extending fifty feet, by estimation, on Church street, by one hundred and twenty feet on north C. street, at right angles with Church street, was divided between them by deed of partition executed by each party, containing the usual covenants; each party took an estate in fee simple in his share. Grimsley's portion was bounded by north C. street on the south, and extended 20 2-100 feet along the Second or Church street to the corner of White. At the close of the deed of partition, and after each party had conveyed to the other an estate in fee, in his respective portion, comes another provision in the the following words: “It is further covenanted, understood, and agreed upon, by and between the parties to these presents, that whereas in the within mentioned allotment or partition, there are three feet and fifty-two hundredths of a foot of ground appertaining to Thornton Grimsley, and on which the south end of said Joseph White's house is now erected, and whereas the said Thornton Grimsley has a part of his house erected on north C. street, now if at any time hereafter, or as soon hereafter as the corporation of the city of St. Louis, or any other competent authority, shall demand or require from the said Thornton Grimsley the said quantity which he enjoys on said north C. street, then on demand of the said Thornton Grimsley, his heirs or assigns, to said Joseph White, his heirs or assigns, he, the said Joseph White, his heirs or assigns, shall without delay abandon or remove from the said three feet and fifty-two hundredths of a foot of ground, running, &c., (describing the line between White and Grimsley), to be possessed and enjoyed by the said Thornton Grimsley, his heirs and assigns, as herein intended in the part allotted to him by these presents; in witness,” &c. The deed of partition here concludes. Much testimony was given to prove a demand...
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