Mincke v. Skinner
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The facts of the case sufficiently appear in the opinion of the court. The court below erred: (I.) In granting the instruction given for plaintiff: 1. It calls for the location of the channel when the pond ivas exhausted, and then only. 2. It fixes on the year 1851 as the only time when the boundary channel could be ascertained, and makes the survey at that time conclusive as to its location. 3. It makes a survey, not made by a county or…
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Appeal from St. Louis Circuit Court. The facts of the case sufficiently appear in the opinion of the court. The court below erred: (I.) In granting the instruction given for plaintiff: 1. It calls for the location of the channel when the pond ivas exhausted, and then only. 2. It fixes on the year 1851 as the only time when the boundary channel could be ascertained, and makes the survey at that time conclusive as to its location. 3. It makes a survey, not made by a county or United States surveyor, legal evidence. (II.) In rejecting the deposition of Brown. (I.) 1. One error manifest in the…
1Opinion of the CourtBliss, Judge
This was an action for the possession of a parcel of land situate upon Tayon avenue, in the city of St. Louis, being a part of “ Chouteau mill tract,” so called. The plaintiff shows a chain of title to lot 20 of the tract, as apportioned among the heirs of Chouteau, of which he claims the land in controversy to be a part, and the defendant shows title through the same channel to lot 3 ; and the question is whether the land claimed by the plaintiff belongs to lot 20 or to lot 3. These lots are on opposite sides of, and are separated by, Chouteau’s mill pond. The commissioners of partition, in…
2Cases cited1 opinion
- Primm v. WalkerSupreme Court of Missouri · 1866
3Cited by7 opinions
- Baustian v. YoungSupreme Court of Missouri · 1899
- Fuller v. RobinsonSupreme Court of Missouri · 1910
- Primm v. RaboteauSupreme Court of Missouri · 1874
- Williamson v. FischerSupreme Court of Missouri · 1872
- Hearne v. StateSupreme Court of Arkansas · 1915
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