Legal Opinion

City of Carondelet v. City of St. Louis

Supreme Court of Missouri

Decided October 15, 1857PublishedCited by 5 opinions

Appeal from St. Louis Laúd Cowrt. The city of Carondelet seeks in this- -action to recover possession of certain lots of ground in the possession of the city of St. Louis. Carondelet asserts title to said lots under the act of Congress of June 13,1812, as a portion of the common confirmed to her by said act. The city of St. Louis also asserts title thereto as common confirmed to her by said act of Congress.

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Appeal from St. Louis Laúd Cowrt. The city of Carondelet seeks in this- -action to recover possession of certain lots of ground in the possession of the city of St. Louis. Carondelet asserts title to said lots under the act of Congress of June 13,1812, as a portion of the common confirmed to her by said act. The city of St. Louis also asserts title thereto as common confirmed to her by said act of Congress. At the trial the testimony of sundry aged persons (Antoine Smith, Pierre Chouteau, jr., Amable Chartrand and Paul Robert), familiar with the location and boundaries of the commons of…

1Opinion of the CourtRiChabdson, Judge

In the consideration of this case, it must be assumed that the plaintiff could have made good'the order to impeach and invalidate the survey of 1834 of the Carondelet common ; and the court, in excluding the evidence and giving the instruction which decided the case, must have held, either that the survey was binding though disapproved by the United States and rejected by the plaintiff, or that, admitting as proved every thing that was offered to be proved, the plaintiff had no standing in court without a survey, or that the opposing survey of the St. Louis common was conclusive on the rights…

2Cases cited10 opinions

  1. Chouteau v. EckhartSupreme Court of the United States · 1844
  2. Menard's Heirs v. MasseySupreme Court of the United States · 1850
  3. Les Bois v. BramellSupreme Court of the United States · 1846
  4. Stanford v. TaylorSupreme Court of the United States · 1856
  5. MacKay v. DillonSupreme Court of the United States · 1846

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3Cited by5 opinions

  1. City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1913
  2. City of St. Louis v. St. Louis-Blast Furnace Co.Supreme Court of Missouri · 1911
  3. Gibson v. ChouteauMissouri Court of Appeals · 1879
  4. Funkhouser v. LangkopfSupreme Court of Missouri · 1858
  5. City of Carondelet v. City of St. LouisSupreme Court of Missouri · 1860

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