Cummings v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The city of St. Louis had full authority under act of the legislature of 1865 (Laws, p. 439) to dispose of Exchange square. The square is no longer needed for public use and the consent of the heirs of the dedicators is to be obtained. (2) The respondent has no such personal or private interest in the maintenance of Exchange square as a common forever as to entitle him to, an injunction.
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Appeal from St. Louis Court of Appeals. (1) The city of St. Louis had full authority under act of the legislature of 1865 (Laws, p. 439) to dispose of Exchange square. The square is no longer needed for public use and the consent of the heirs of the dedicators is to be obtained. (2) The respondent has no such personal or private interest in the maintenance of Exchange square as a common forever as to entitle him to, an injunction. If lie is likely to sustain any damage by the execution of ordinance 11,964, tbe damage will be-common to all property in the neighborhood and will arise from a…
1Opinion of the Court
Black, J. —
In 1816 Chambers, Christy and Wright, 'being the owners of a tract of land, laid the same off as an addition to St. Louis. The plat which was then recorded, besides showing- the lots, blocks, streets and other public grounds, has written thereon the following -words : “The land marked A,’ ’’which is then described, *262“is to be and remain a common forever.” The parcel of property thus devoted to a common is known in the-record as “Exchange Square,” and, as shown on the-plat, has a length of thirteen hundred feet along the-river and a width of one. hundred and twenty to one-hundred and…
2Cases cited4 opinions
- Cook v. City of BurlingtonSupreme Court of Iowa · 1870
- Price v. ThompsonSupreme Court of Missouri · 1871
- DeReamer v. Pacific Express Co.Supreme Court of Missouri · 1884
- Comm'rs of Franklin Co. v. LathropSupreme Court of Kansas · 1872
3Cited by27 opinions
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- Glasgow v. St. LouisSupreme Court of Missouri · 1891
- John K. Cummings Realty & Investment Co. v. Deere & Co.Supreme Court of Missouri · 1907
- Thomas v. HuntSupreme Court of Missouri · 1896
- Goode v. City of St. LouisSupreme Court of Missouri · 1892
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