Adams v. Lindell
Missouri Court of Appeals
Appeal from St: Louis Circuit Court. The rule validating the acts of defacto officers may be applied where the legal office has ceased to exist, where the would-be officer, under a mistake of fact, holds under color of right, such as would naturally lead men to suppose he was a legal officer. — The State éx rel. v. Sutton, 3 Mo. App. 388 ; The State v. Carroll, 38 Conn. 467; Rex v. Bedford, 6 East; The State ex rel. v. Finn, 4 Mo.
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Appeal from St: Louis Circuit Court. The rule validating the acts of defacto officers may be applied where the legal office has ceased to exist, where the would-be officer, under a mistake of fact, holds under color of right, such as would naturally lead men to suppose he was a legal officer. — The State éx rel. v. Sutton, 3 Mo. App. 388 ; The State v. Carroll, 38 Conn. 467; Rex v. Bedford, 6 East; The State ex rel. v. Finn, 4 Mo. App. 347. The breach of the condition in the deed from the Lindells to the city did not defeat the estate before entry. — Messersmith v. Messersmith, 22 Mo. 369 ;…
1Opinion of the CourtHayden, J.
This is an action on a special tax-bill, issued by the city engineer of the city of St. Louis, for work done on Third Street, between Christy Avenue and Morgan Street. The case was submitted to the court below on an agreed statement of facts, the substance of which is as follows: Third *200Street, between Christy Avenue and Morgan Street, was originally thirty-eight feet and six inches in width. In 1832, Jesse Gr. and Peter Lindell conveyed, by deed, to the city of St. Louis, a strip of ground thirty feet and six inches wide, on the east side of Third Street, extending from Christy Avenue to…
2Cases cited14 opinions
- Luther v. BordenSupreme Court of the United States · 1849
- Palmer v. StumphIndiana Supreme Court · 1868
- Egyptian Levee Co. v. HardinSupreme Court of Missouri · 1858
- Lockwood v. City of St. LouisSupreme Court of Missouri · 1856
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
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3Cited by23 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- State ex rel. Bales v. BaileySupreme Court of Minnesota · 1908
- City of Boonville ex rel. Cosgrove v. StephensSupreme Court of Missouri · 1911
- Rath v. LaFonSupreme Court of Oklahoma · 1967
- Beaver v. HallTennessee Supreme Court · 1919
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