City of St. Louis v. Gorman
Supreme Court of Missouri
Error to St. Louis Land Court. This was an action in the nature of an action of ejectment to recover possession of a tract of about sixty acres of land lying within the survey of the common of the city of St. Louis. The land sued for embraces that portion (except a small parcel sued for in the case of St. Louis v. Keitley) of a tract of two by forty arpens lying within the commons of St. Louis.
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Error to St. Louis Land Court. This was an action in the nature of an action of ejectment to recover possession of a tract of about sixty acres of land lying within the survey of the common of the city of St. Louis. The land sued for embraces that portion (except a small parcel sued for in the case of St. Louis v. Keitley) of a tract of two by forty arpens lying within the commons of St. Louis. The plaintiff relied upon her commons title, and adduced in evidence various acts of the legislature of Missouri authorizing her to deal with, dispose of, and control her common ; also various…
1Opinion of the CourtScott, Judge
The city being the owner of the land assessed and sold for taxes to the defendant through the instrumentality of her officers, it is maintained by him that she is- estopped to deny the regularity of the proceedings by which he claims title.
The city is a body corporate, clothed with extensive powers for the management of her municipal affairs. She can only *600act through her officers and agents ; and if those officers, in violation of her ordinances, do unauthorized acts to her prejudice, it would be hard that she should be bound by them. This, surely, is not the law in relation to natural…
2Cases cited4 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Draper v. ShootSupreme Court of Missouri · 1857
- M'Call v. NeelySupreme Court of Pennsylvania · 1834
- Miller v. ShawSupreme Court of Pennsylvania · 1821
3Cited by28 opinions
- State v. Portsmouth Savings BankIndiana Supreme Court · 1886
- Sturgeon v. HamptonSupreme Court of Missouri · 1885
- Bradley v. WestSupreme Court of Missouri · 1875
- Allen v. MansfieldSupreme Court of Missouri · 1891
- Buschmann v. LouisSupreme Court of Missouri · 1894
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