Fontaine v. Schulenburg & Boeckler Lumber Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fishee, Judge. (1) The court below erred in refusing defendant’s instruction, that plaintiffs cannot recover in this action. (2) The court also erred in refusing defendant’s instruction, that, if plaintiffs acquired their title to the lot by the deeds of 1883 and 1884, the plaintiffs cannot recover in this action.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fishee, Judge. (1) The court below erred in refusing defendant’s instruction, that plaintiffs cannot recover in this action. (2) The court also erred in refusing defendant’s instruction, that, if plaintiffs acquired their title to the lot by the deeds of 1883 and 1884, the plaintiffs cannot recover in this action. (3) The court also erred in refusing defendant’s instruction to the effect, that if Mary 0. Smith conveyed the lot in question to . C. Cheatam by her deed of December 10, 1842, offered in evidence by plaintiffs, the title so…
1Opinion of the CourtBlack, J.
The plaintiffs aver that they were the owners of lot 98 in block 31 of North St. Louis; that the defendant corporation occupied the lot in 1879 as their tenant, under an agreement to pay the taxes *57assessed thereon as a rental therefor; that the defendant suffered and allowed the lot to be sold for the taxes of 1879, amounting to $64, whereby they lost their property; that the lot was of the value of $5,000, and for this amount they ask judgment. The court gave .judgment for plaintiffs for $102.07, the amount of the taxes and interests thereon, and from that judgment both sides appealed.
The…
2Cases cited5 opinions
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
- Ham v. HillSupreme Court of Missouri · 1860
- Rowsey v. LynchSupreme Court of Missouri · 1876
- Blood v. WilkinsSupreme Court of Iowa · 1876
- In re the Life Ass'n of AmericaSupreme Court of Missouri · 1888
3Cited by11 opinions
- Lowe v. TurpieIndiana Supreme Court · 1896
- In re Sherwoods, Inc.Court of Appeals for the Second Circuit · 1913
- Broadwell v. BanksU.S. Circuit Court for the District of Missouri · 1905
- Applegate v. FranklinMissouri Court of Appeals · 1904
- Snyder v. SargeantSupreme Court of Iowa · 1923
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