Blair v. Smith
Supreme Court of Missouri
Error to St. Louis Circuit Court. This was ejectment for a small strip of ground fronting on Front street, in St. Louis, described in the petition as being two feet seven inches in width on Front street, against Smith, a tenant of John H. Gay, brought in November, 1849. The answer sets up the statute of limitations and also, that the division line had been agreed upon and possession had according to it,'for a long time, by the owners of the contiguous lots, and that the…
Read the full summary
Error to St. Louis Circuit Court. This was ejectment for a small strip of ground fronting on Front street, in St. Louis, described in the petition as being two feet seven inches in width on Front street, against Smith, a tenant of John H. Gay, brought in November, 1849. The answer sets up the statute of limitations and also, that the division line had been agreed upon and possession had according to it,'for a long time, by the owners of the contiguous lots, and that the plaintiffs were bound by such agreement, possession, acquiescence, &c. The facts appeared on the trial to be, that Gay…
1Opinion of the CourtRylaND, Judge
From the above statement, it will be seen, that this case comes fully within the principles and rules settled by this court in the case of Taylor & Mason v. Zepp & Zepp, 14 Mo. Rep. 482.
Here were proprietors of contiguous lots. One built a warehouse in 1828 and ’29, more than twenty years before this suit was commenced. After putting up the warehouse, the other proprietor claimed that the warehouse had been built upon his ground. It seems that there was a private alley between the lot purchased by Gay of Sarpy and others, and the lot of Magenis. This alley, Gay was informed, was for the…
2Cases cited7 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Taylor v. ZeppSupreme Court of Missouri · 1851
- Adams v. RockwellCourt for the Trial of Impeachments and Correction of Errors · 1836
- Landes v. PerkinsSupreme Court of Missouri · 1848
- Pederick v. SearleSupreme Court of Pennsylvania · 1819
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Ridgeway v. HollidaySupreme Court of Missouri · 1875
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Turner v. BakerSupreme Court of Missouri · 1876
- Tillman v. HutchersonSupreme Court of Missouri · 1941
29 more not listed; retrieve them via the Exa API.