Legal Opinion

Buschmann v. Louis

Supreme Court of Missouri

Decided May 8, 1894PublishedCited by 22 opinions

Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) Tbe trial court erred in refusing the plaintiffs* instruction marked 1, and in giving the instruction of its own motion, holding that by the plat of October 18, 1867, the land here sued for was dedicated under the statute of the state. First. The land in question was not included in the subdivision made by the plat. Second.

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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) Tbe trial court erred in refusing the plaintiffs* instruction marked 1, and in giving the instruction of its own motion, holding that by the plat of October 18, 1867, the land here sued for was dedicated under the statute of the state. First. The land in question was not included in the subdivision made by the plat. Second. The instrument of dedication, written upon its margin named only the “streets and alleys.” Third. The parcel in question is a blank upon the face of the plat, is unnamed, and appears only as an…

1Opinion of the CourtGantt, P. J.

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 one and eighty-three hundredths acres, lying between the east line of city block 2506 and the Mississippi river as indicated by the accompanying plat:

*0

*527The defense was a dedication to tiie public use by the plaintiffs. The cause was tried before Judge Val-liant, without a jury. It was admitted that Louis Bissell was the common source of title.

On the tenth of August, 1867, Bissell and wife, by…

2Cases cited13 opinions

  1. City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
  2. Archer v. Salinas CityCalifornia Supreme Court · 1892
  3. Town of Derby v. AllingSupreme Court of Connecticut · 1873
  4. Town of San Leandro v. Le BretonCalifornia Supreme Court · 1887
  5. Heitz v. City of St. LouisSupreme Court of Missouri · 1892

8 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
  2. Downend v. Kansas CitySupreme Court of Missouri · 1900
  3. City of Caruthersville v. HuffmanSupreme Court of Missouri · 1914
  4. Johnson v. FergusonSupreme Court of Missouri · 1931
  5. Meiners v. City of St. LouisSupreme Court of Missouri · 1895

17 more not listed; retrieve them via the Exa API.

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