Funkhouser v. Langkopf
Supreme Court of Missouri
Error to St. Louis Land Court. This was an action in the nature of an action of ejectment to recover possession of lots numbered 172 and 173, in the subdivision of Carondelet common, south of the river Des Peres. Suit was commenced June 29,1854. Defendant in his answer admitted possession of so much of said lots as was embraced by United States survey No. 3317, commonly called “ Deschamps’ survey he denied the title of plaintiff.
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Error to St. Louis Land Court. This was an action in the nature of an action of ejectment to recover possession of lots numbered 172 and 173, in the subdivision of Carondelet common, south of the river Des Peres. Suit was commenced June 29,1854. Defendant in his answer admitted possession of so much of said lots as was embraced by United States survey No. 3317, commonly called “ Deschamps’ survey he denied the title of plaintiff. It was admitted in evidence that the plaintiff had by regular chain of conveyances all the title of the town of Caronde-let in and to the lots in controversy. The…
1Opinion of the CourtScott, Judge
This cause is made to turn on the statute of limitations. An admission was made on the trial that the defendant, and those under whom he claims, had had the continuous possession of the land in dispute from the year 1825. We conceive that this admission was intended to give the defendant the benefit of such a defence, and as at the trial no point was made on the necessity of proving the time of the incorporating of Carondelet, it would operate as a surprise on the defendant to take advantage here of his failure to make such proof.
It was maintained for the plaintiff that the town of Carondelet…
2Cases cited4 opinions
- West v. CochranSupreme Court of the United States · 1855
- Guitard v. StoddardSupreme Court of the United States · 1854
- City of Carondelet v. City of St. LouisSupreme Court of Missouri · 1857
- City of Carondelet v. McPhersonSupreme Court of Missouri · 1854
3Cited by3 opinions
- State v. HaysSupreme Court of Missouri · 1883
- Callaway County v. NolleySupreme Court of Missouri · 1861
- Dent v. SigersonSupreme Court of Missouri · 1860