Primm v. Raboteau
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The court has no power, by decree, to establish a boundary line. The statute provides a way for restoring lost boundaries, and a court cannot make new laws to supersede the statute. If tlie bed of the creek exists where defendant says it does, it is a fact needing no 'assistance from a court of equity. If it does not, and did not exist there naturally in 1851, the court cannot put it there by a decree.
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Appeal from St. Louis Circuit Court. I. The court has no power, by decree, to establish a boundary line. The statute provides a way for restoring lost boundaries, and a court cannot make new laws to supersede the statute. If tlie bed of the creek exists where defendant says it does, it is a fact needing no 'assistance from a court of equity. If it does not, and did not exist there naturally in 1851, the court cannot put it there by a decree. The court has no legislative power to create it. The existence of it was a fact to be found and best ascertained by a trial. If that had been tried by…
1Opinion of the CourtSherwood, Judge
This was an action of ejectment. The answer of the defendants was in the nature of a bill of peace. The claim of the plaintiffs is based on a deed for lot No. 3 made to Thos. Ingram on the 6th day of September, 1832, by the commissioners of partition sale of Auguste Chouteau’s estate; and the defendant’s claim under a deed made by such commissioners on the same day to Jonas Newman, conveying to him lot No. 20. Ingram and Newman thus becoming the purchasers *410respectively, of those lots, which were situated on opposite sides of what was called “ Chouteau’s Pond.” In each case, the boundary on…
2Cases cited6 opinions
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Miles v. CaldwellSupreme Court of the United States · 1865
- Margrave v. AusmussSupreme Court of Missouri · 1873
- Primm v. WalkerSupreme Court of Missouri · 1866
- State ex rel. Hempstead v. CosteSupreme Court of Missouri · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Tucker v. St. Louis Life Ins.Supreme Court of Missouri · 1876
- DeReamer v. Pacific Express Co.Supreme Court of Missouri · 1884
- Boland v. RossSupreme Court of Missouri · 1894
- State v. AdamsSupreme Court of Missouri · 1891
17 more not listed; retrieve them via the Exa API.