Legal Opinion

Eberle v. Board of President of the St. Louis Public Schools

Supreme Court of Missouri

Decided March 15, 1848PublishedCited by 13 opinions

ERROR to St. Louis Circuit Court. Statement of'the Case. This was an action of ejectment tried in the Circuit Court of St. Louis county in January, 1847. The plaintiffs below and defendants in error claimed to recover lot-in Evans’ and Lang-ham’s addition to the city of St. Louis, lying south of Mill creek and now within the limits of the city.

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ERROR to St. Louis Circuit Court. Statement of'the Case. This was an action of ejectment tried in the Circuit Court of St. Louis county in January, 1847. The plaintiffs below and defendants in error claimed to recover lot-in Evans’ and Lang-ham’s addition to the city of St. Louis, lying south of Mill creek and now within the limits of the city. On the trial of the cause, and when the jury was called, seven of the jury being residents and householders in the city of St. Louis, were objected to as incompetent to sit upon the trial of the cause. The objection was overruled and the jurorssworn.…

1Opinion of the Court

Scott, Judge.

In the cas3 of Trotter against the Public Schools of St. Louis, I assented to the affirmance of the judgment of the inferior court, because it appeared to ms then that all the lands not rightfully claimed by individuals or held as commons, included in the out boundary of the general survey directed by the first section of the act of 13th June, 1812, were reserved for the use of schools. It seemed to me that the survey contemplated by the act was the only mode of ascertaining the lands that were reserved. The question was one abounding in difficulties, and an .accurate knowledge…

2Cited by13 opinions

  1. City of Cape Girardeau v. HunzeSupreme Court of Missouri · 1926
  2. Ozark Border Electric Cooperative v. StacyMissouri Court of Appeals · 1961
  3. Fine v. St. Louis Public SchoolsSupreme Court of Missouri · 1860
  4. City of Guthrie v. ShafferSupreme Court of Oklahoma · 1898
  5. Ballentine & Boone v. MercerMissouri Court of Appeals · 1908

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