Whittelsey v. Kellogg
Supreme Court of Missouri
Error to St. Louis Land Court. This was an action in the nature of an action of ejectment. Both plaintiffs and defendants claim title under Thomas M. Knox. Knox was the owner of a tract of land fronting 218 feet six inches on the Garondelet road, in the city of St. Louis. This tract was the north part of a tract known as the Petit tract. This tract interfered with the common of St. Louis and with land'assigned to the public schools.
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Error to St. Louis Land Court. This was an action in the nature of an action of ejectment. Both plaintiffs and defendants claim title under Thomas M. Knox. Knox was the owner of a tract of land fronting 218 feet six inches on the Garondelet road, in the city of St. Louis. This tract was the north part of a tract known as the Petit tract. This tract interfered with the common of St. Louis and with land'assigned to the public schools. Knox obtained title by compromise with the city of St. Louis. In 1843 and 1844 Knox executed three, several conveyances to Larkin Deaver. The descriptions of…
1Opinion of the CourtEichaRDSON, Judge
Both of the parties claim under T. M. Knox, and the question is whether Knox, by his three deeds to Deaver, conveyed all his interest in the Petit tract, so that there was nothing left on which his subsequent deed to Dorwart could operate.
The northern line of the Petit tract is coincident with the southern line of the Lami tract, and the first portion of the land which Knox acquired was a strip of fifty-two feet, taken from the northern side and running the whole length of it, which was bounded on the north by the Lami tract claimed by Cerré ; and, although there is some dispute as to Knox’s…
2Cases cited1 opinion
- Evans v. GreeneSupreme Court of Missouri · 1855
3Cited by8 opinions
- Harding v. WrightSupreme Court of Missouri · 1893
- Carpenter v. RyndersSupreme Court of Missouri · 1873
- State ex rel. School Districts Nos. 52 & 53 v. WrightSupreme Court of Missouri · 1917
- Smith v. Catlin Land & Improvement Co.Supreme Court of Missouri · 1893
- Gruenewald v. SchaalesMissouri Court of Appeals · 1885
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