Updike v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eton. George W. Lubke, Judge. (!) The instructions asked by defendant at the close-of the plaintiff’s case should have been given, for the-reasons following: (a) Possession of the premises by defendant was not proved or attempted to be proved. (b) The deed of trust from the Union Steam Mills Company to Wm. H. Maurice’s trustee, of July 19, 1882, was not effective to convey the premises sued for; they are not described in the deed.
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Appeal from St. Louis City Circuit Court. — Eton. George W. Lubke, Judge. (!) The instructions asked by defendant at the close-of the plaintiff’s case should have been given, for the-reasons following: (a) Possession of the premises by defendant was not proved or attempted to be proved. (b) The deed of trust from the Union Steam Mills Company to Wm. H. Maurice’s trustee, of July 19, 1882, was not effective to convey the premises sued for; they are not described in the deed. (2) The instruction-given at the instance of plaintiff at the close of the case, that plaintiff on the pleadings and…
1Opinion of the CourtBlack, J.
This ejectment involves the right to the possession of an unexpired■ portion of a.ten-year lease upon a part of the public wharf in-St. Louis. It appears the city made two leases upon the property, each for a period of ten years, the one ending and the other beginning on the first of January, 1879. During the first lease, the Union Steam Mill Company, a corporation then in possession of the property, made a deed of trust thereon to secure a debt by it owing to Wm. H. Maurice. The. property thereby conveyed- is described as the *238Union Steam Mill, situated at the foot of Florida street on the…
2Cases cited1 opinion
- Belcher Sugar Refining Co. v. St. Louis Grain Elevator Co.Supreme Court of Missouri · 1884
3Cited by2 opinions
- Geer v. Boston Little Circle Zinc Co.Missouri Court of Appeals · 1907
- Woods v. City of KansasMissouri Court of Appeals · 1894