Menkens v. Blumenthal
Supreme Court of Missouri
Appeal from St. Louis Land Court. This case bas heretofore been before the supreme court. (See 19 Mo. 496.) Plaintiif seeks to recover in this action a lot in the city of Carondelet, in block No. 53. The lot sought to be recovered is seventy-five feet front on Second street by one hundred and sixty feet in depth, and is a part of the south-east quarter of said block as surveyed, its northern line being the line of division between the north-east and the south-east quarters…
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Appeal from St. Louis Land Court. This case bas heretofore been before the supreme court. (See 19 Mo. 496.) Plaintiif seeks to recover in this action a lot in the city of Carondelet, in block No. 53. The lot sought to be recovered is seventy-five feet front on Second street by one hundred and sixty feet in depth, and is a part of the south-east quarter of said block as surveyed, its northern line being the line of division between the north-east and the south-east quarters of said block. In support of his title the plaintiif introduced in evidence a confirmation certificate issued by recorder…
1Opinion of the CourtNaptoN, Judge
In this case the plaintiff seeks to recover on a prior possession of twenty years against the defendant, who has an elder and perfect paper title. The decision made by this court, when the case was here before, (see 19 Mo. 496,) restricted the confirmation to Amable Guión, and the derivative title under that confirmation to the lot as embraced in the survey of Eiler; and no portion of the ground now in dispute lies within that survey of the Guión confirmation.
A possession, to be available under such circumstances, must be continuous and adverse, and so the instructions of the court upon the…
2Cases cited1 opinion
- Menkins v. BlumenthalSupreme Court of Missouri · 1854
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