Norcum v. Gaty
Supreme Court of Missouri
•Appeal from St. Louis Court of Common Pleas. This was an action of ejectment, begun by Frederick Nor-cum, in 1848, for block 16 of the city of St. Louis, in which the recovery was for thirty-seven feet on Main street, by one hundred and thirty-four feet in depth. The defendants appealed to this court. The facts are in all respects, similar to those in Youse v. JYorcum, 12 Mo.
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•Appeal from St. Louis Court of Common Pleas. This was an action of ejectment, begun by Frederick Nor-cum, in 1848, for block 16 of the city of St. Louis, in which the recovery was for thirty-seven feet on Main street, by one hundred and thirty-four feet in depth. The defendants appealed to this court. The facts are in all respects, similar to those in Youse v. JYorcum, 12 Mo. Rep. 549, with the following exceptions : In the present case, the plaintiff gave in evidence a confirmation of a lot of 240 by 150 feet to Nicholas Lecompte’s representatives, by the act of congress of April 29th,…
1Opinion of the CourtRyland, Judge
1. The facts in this case, that is, the main facts on which the questions of importance arise, are substantially the same as those in the case of Youse v. Norcum, heretofore decided by this court, (12 Mo. Rep. 549,) and to that case we refer as deciding this.
2. Yet this case must be reversed, because of the latter part of the fourth instruction given for the plaintiff. 1 his part of the instruction operates in favor of the plaintiff, by making *70Mullanphy’s possession enure to the benefit of plaintiff, whereas, Mullanphy’s possession was adverse to the right which Mrs. Yasques acquired after…
2Cases cited1 opinion
- Youse v. NorcomsSupreme Court of Missouri · 1849
3Cited by3 opinions
- Peterson v. LaikSupreme Court of Missouri · 1857
- Goodnow v. Empire Lumber Co.Supreme Court of Minnesota · 1884
- Huth v. Carondelet Marine Railway & Dock Co.Supreme Court of Missouri · 1874