Legal Opinion

McIndoe v. City of St. Louis

Supreme Court of Missouri

Decided March 15, 1847PublishedCited by 9 opinions

ERROR to St. Louis Circuit Court. It is an an inflexible rule, to which there is no exception, that in an action of ejectment it devolves upon the claimant to show a good and sufficient legal title to the premises soughtto be recovered. If there be any weakness or defect in the claim of the defendant, the plaintiff will not he assisted by it. Adams on Ejectment, p. 28, 285; 9 John.

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ERROR to St. Louis Circuit Court. It is an an inflexible rule, to which there is no exception, that in an action of ejectment it devolves upon the claimant to show a good and sufficient legal title to the premises soughtto be recovered. If there be any weakness or defect in the claim of the defendant, the plaintiff will not he assisted by it. Adams on Ejectment, p. 28, 285; 9 John. Rep., p. 55; 4 John., 483; 2 Overton, 185, 334;; 3 Watts, 95, 151; 1 Marsh, 251; 6th Binney, 434; 3 Litt. Rep., 25; 8 Cowen, 043; 6 Wen., 666; 5 Wen., 572; 3 Serg. &Rawles, 283; Tomlin’s Law Dictionary, p. 617. 1.…

1Opinion of the CourtNapton, J.

This was an action of ejectment brought by the city of St. Louis to-recover a lot of ground in possession of the defendant. The suit was first tried in the Court of Common Pleas, where the plaintiff suffered & ■ non-suit, and upon failing to have the non-suit set aside, the case was. removed by writ of error to the Circuit Court. The trial in this court resulted in a verdict and judgment for the plaintiff.

The property originally belonged to the estate of Therese Cerre Chouteau, deceased, and was sold by her administrator to one Amade Valle,, who conveyed the same by deed to the city of St.…

2Cited by9 opinions

  1. National Bank v. MatthewsSupreme Court of the United States · 1879
  2. Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
  3. Hall v. Farmers & Merchants' BankSupreme Court of Missouri · 1898
  4. St. Louis Drug Co. v. RobinsonSupreme Court of Missouri · 1883
  5. Thornton v. National Exchange BankSupreme Court of Missouri · 1879

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