Chouquette v. Barada
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action of ejectment, commenced on 28th January, 1854, to recover a lot of ground in Carondelet, having a front of 170 feet on Fourth street by 270 feet, more or less, in depth,, bounded on the north by lot of M. S. Oerré and John B. Sarpy, east by Fourth street, south by a county road, and west by Fifth street. The trial in the court below resulted in a verdict and judgment in favor of. plaintiffs for the land and 1336 damages.
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Appeal from St. Louis Land Court. This was an action of ejectment, commenced on 28th January, 1854, to recover a lot of ground in Carondelet, having a front of 170 feet on Fourth street by 270 feet, more or less, in depth,, bounded on the north by lot of M. S. Oerré and John B. Sarpy, east by Fourth street, south by a county road, and west by Fifth street. The trial in the court below resulted in a verdict and judgment in favor of. plaintiffs for the land and 1336 damages. This judgment was rendered 3d November, 1859. At the trial the plaintiffs gave in evidence the following agreement: “ It…
1Opinion of the CourtBates, Judge
• The deed of the City of Carondelet was properly admitted in evidence. The City of Carondelet having power to dispose of its common, the deed is presumed to have been executed in pursuance of that power, and it was unnecessary for the plaintiffs to show special authority by resolution or ordinance, and therefore the objections to the resolution introduced for that purpose are not considered.*
The benefits of Madame Motier’s possession devolved upon the defendants, who became in privity with her by act of law, but it was competent for either party to prove the character of that possession; and…
2Cases cited1 opinion
- Swartz v. PageSupreme Court of Missouri · 1850
3Cited by5 opinions
- Burton v. BoydSupreme Court of Kansas · 1871
- Cummings v. PowellSupreme Court of Missouri · 1888
- Wells v. PressySupreme Court of Missouri · 1891
- Dyer v. BrannockMissouri Court of Appeals · 1876
- In re Kansas City Stone, etc., Co.District Court, W.D. Missouri · 1873