Swartz v. Page
Supreme Court of Missouri
APPEAL PROM ST. LOUIS COURT OP COMMON PLEAS. This was an action of ejectment, brought by Page against Swartz, to recover a lot lying within the St. Louis commons, and also within the confirmation of James Mackay or his legal representatives by the act of 4th July, 1886. At the trial, the then plaintiff, gave in evidence a duly certified plat anel certificate of survey made under the authority of the United States, being survey No. 8125, and- which it was agreed truly…
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APPEAL PROM ST. LOUIS COURT OP COMMON PLEAS. This was an action of ejectment, brought by Page against Swartz, to recover a lot lying within the St. Louis commons, and also within the confirmation of James Mackay or his legal representatives by the act of 4th July, 1886. At the trial, the then plaintiff, gave in evidence a duly certified plat anel certificate of survey made under the authority of the United States, being survey No. 8125, and- which it was agreed truly represents the out boundaries of the commons confirmed to the inhabitants of the town of St. Louis by the act of Congress, 13th…
1Opinion of the CourtHaftoh, J.
There is no question, but that the instruction given by the court for the plaintiff was correct, so far as it determined the relative value of the Mackay claims and the title of the inhabitants of St. Louis to the St. Louis common.
Whether Page, the plaintiff, or Morton from whom he purchased, has the legal title from the city, is the only matter controverted. Morton has a deed regular on its race from the city of St. Louis under its corporate seal. His title is so far prima facie good. The defendant proposed, on the trial, to go behind this deed and attack its validity in various ways. 1. He…
2Cited by6 opinions
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903
- Wells v. PressySupreme Court of Missouri · 1891
- San Francisco & Fresno Land Co. v. HartungCalifornia Supreme Court · 1902
- Chouquette v. BaradaSupreme Court of Missouri · 1862
- Jamison v. FopianaSupreme Court of Missouri · 1869
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