Smith v. St. Louis Public Schools
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action brought to recover possession of the north half of block No. 854 in the city of St. Louis. The defendants are the Board of President and Directors of the St. Louis Public Schools and the tenants under said board. Said block is bounded as follows : west by Main street, north by Cedar street, east by Front street, or the levee, and south by Mulberry street.
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Appeal from St. Louis Land Court. This was an action brought to recover possession of the north half of block No. 854 in the city of St. Louis. The defendants are the Board of President and Directors of the St. Louis Public Schools and the tenants under said board. Said block is bounded as follows : west by Main street, north by Cedar street, east by Front street, or the levee, and south by Mulberry street. In support of their title the plaintiffs adduced the following evidence : 1st. A certificate of confirmation issued by Recorder Hunt under the act of Congress of May 26, 1824. This was…
1Opinion of the CourtNapton, Judge
The facts of this case are essentially the same as in the case of Smith and others v. The City of St. Louis, 21 Mo. 36.
Upon the trial, however, in the present case, the plaintiffs confined the documentary proofs on their side to the confirmation to Auguste Chouteau under the act of Congress of 13th June, 1812 — relying on parol proof of possession and inhab-itation to show the extent and boundaries of the lot, without introducing the official survey of 1850 — the original grant to DeVolsey, made by St. Ange in 1766, three years after the town of St. Louis was founded, and the confirmation of…
2Cases cited2 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Smith v. City of St. LouisSupreme Court of Missouri · 1855
3Cited by14 opinions
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Benson v. MorrowSupreme Court of Missouri · 1875
- McCloskey v. Pacific Coast Co.Court of Appeals for the Ninth Circuit · 1908
- Dunn v. YakishSupreme Court of Oklahoma · 1900
- Frank v. GoddinSupreme Court of Missouri · 1906
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