Schultz v. Arnot
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action of ejectment, brought to the March term, 1857, of the Sfc. Louis Land Court, upon a petition filed February 18,1857, for a small piece of ground situated in block No. 60 of the city of St. Louis, the same being 29 ft. 9-| in. in front on the alley running north and south through the block, by about fifty feet in depth westwardly, and claimed by the plaintiff as the rear end of his lot fronting on Third street, and by the…
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Appeal from St. Louis Land Court. This was an action of ejectment, brought to the March term, 1857, of the Sfc. Louis Land Court, upon a petition filed February 18,1857, for a small piece of ground situated in block No. 60 of the city of St. Louis, the same being 29 ft. 9-| in. in front on the alley running north and south through the block, by about fifty feet in depth westwardly, and claimed by the plaintiff as the rear end of his lot fronting on Third street, and by the defendants, Lindell, as the rear end of their lot fronting on Chesnut street. The ground in dispute was not expressly…
1Opinion of the CourtBates, Judge
Of course we do not examine the evidence further than to see that it warranted the giving or refusal of instructions, as the points made are upon the instructions.
Four instructions, very favorable to the plaintiff, were given at his instance, and three instructions, very favorable to the defendants, were given at their instance. Taken together, they put the case very favorably before the jury; and although some of those given for the defendants may be subject to verbal criticism, yet there is no error in them which can be said to have injured the plaintiff.
The fifth instruction asked by the…
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