O'Neil v. City of St. Louis
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The testimony does not establish adverse possession as against the city. The western fence of plaintiff was located on the street, and the plaintiff did not claim to own to the fence. — See Lane v. Kennedy, 13 Ohio St. 42 ; Simmons v. Cornell, 1 R. I. 519. The enclosure and occupation of land within the limits of a public street will not transfer the title from the muuicipality.— City v. Canal Co., 12 N. J. Eq. 561; 2 Dill, on Mun.
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Appeal from the St. Louis Circuit Court. The testimony does not establish adverse possession as against the city. The western fence of plaintiff was located on the street, and the plaintiff did not claim to own to the fence. — See Lane v. Kennedy, 13 Ohio St. 42 ; Simmons v. Cornell, 1 R. I. 519. The enclosure and occupation of land within the limits of a public street will not transfer the title from the muuicipality.— City v. Canal Co., 12 N. J. Eq. 561; 2 Dill, on Mun. Corp., sects. 528-533. Boundaries actually marked upon the land control courses and distances.— Campbell v. Ciarle, 8 Mo.…
1Opinion of the CourtHayden, J.
In this case no instructions were asked or exceptions to the admission of evidence taken, and the only point preserved is, that in the motion for new trial it is assigned as error that the judgment was against the law and the evidence, and should have been for the defendant. The presumption is in favor of the judgment, and it must stand unless it affirmatively appears that the judgment cannot upon any ground be justified. The action is trespass to real property, and involves the title to a strip of ground in city block of the city of St. Louis No. 1039, which strip, before the suit was…
2Cases cited2 opinions
- School Directors of St. Charles v. GoergesSupreme Court of Missouri · 1872
- Wickersham v. WoodbeckSupreme Court of Missouri · 1874
3Cited by2 opinions
- Roethlisberger & Gerber v. CaspariMissouri Court of Appeals · 1882
- Christ v. Missouri Pacific RailroadCourt of Appeals of Kansas · 1889