Robbins v. Eckler
Supreme Court of Missouri
Error to the St. Charles Circuit Court. This was an ejectment to recover possession of so much of lots 14 and 20 of block 4 of Evans’ survey of ét. Charles commons as conflicted with United States survey No. 164 of an out-lot or common-field lot, in the cul de sac common fields, confirmed to Auguste Chouteau under J. B. Lacroix.
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Error to the St. Charles Circuit Court. This was an ejectment to recover possession of so much of lots 14 and 20 of block 4 of Evans’ survey of ét. Charles commons as conflicted with United States survey No. 164 of an out-lot or common-field lot, in the cul de sac common fields, confirmed to Auguste Chouteau under J. B. Lacroix. The plaintiffs claimed title under the Town of St. Charles, by virtue of a lease executed Mar. 5, 1856, of a part of the commons of said town in renewal of leases surrendered. ■ The defendants denied that the lease under which plaintiffs claimed covered the land in…
1Opinion of the CourtHolmes, Judge
The defendants were in the actual possession of the land in controversy, and gave evidence of a possession of long standing, under a claim of title. There was no evidence that the plaintiffs, or those under whom they claimed, ever had been in the actual possession of the land sued for; they depended solely upon a right to the possession resulting from superior title.
At the close of the evidence, the plaintiffs asked the court to instruct the jury (among other things), “that the acts of Congress of the 13th of June, 1812, and the 27th of January, 1831, confirmed to the inhabitants of the town…
2Cases cited3 opinions
- Kissell v. Board of President of the St. Louis Public SchoolsSupreme Court of Missouri · 1852
- McGill v. SomersSupreme Court of Missouri · 1851
- Bird v. MontgomerySupreme Court of Missouri · 1840
3Cited by2 opinions
- Gibson v. ChouteauSupreme Court of Missouri · 1867
- Vasquez v. EwingSupreme Court of Missouri · 1868