City of St. Louis v. Barthel
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (1) Under the provisions of Sec. 2, art. 6, of the charter of the city of St. Louis, requiring the owners of the land to be taken to be named and made defendants in the petition for opening a street, and that it shall not be necessary to make any party a defendant unless they are in actual possession of the premises sought to be condemned, notwithstanding the allegation in it is that the defendants own…
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Appeal from St. Louis City Circuit Court. — Eon. James E. Withrow, Judge. (1) Under the provisions of Sec. 2, art. 6, of the charter of the city of St. Louis, requiring the owners of the land to be taken to be named and made defendants in the petition for opening a street, and that it shall not be necessary to make any party a defendant unless they are in actual possession of the premises sought to be condemned, notwithstanding the allegation in it is that the defendants own “or claim some interest therein,” said petition admits the title of appellants to the premises, and the question of…
1Opinion of the CourtWoodson, P. J.
— This suit was duly instituted in tbe circuit court of tbe city of St. Louis to condemn certain lands particularly described in tbe petition for street purposes.
A trial was bad which resulted in a judgment for tbe city, and tbe defendants, J. E. Brawner, W. P. MeCrory and Anna M. Hilton, appealed tbe cause to this court.
Tbe common source of title, as I gather from the record, was Henry Elbreder, who owned tbe land and died intestate in tbe year 1860.
Tbe street in question was Compton avenue; and tbe strip of ground sought to be condemned was some *262seven Mocks in length, and among other tracts…
2Cases cited1 opinion
- Moses v. St. Louis Sectional Dock Co.Supreme Court of Missouri · 1884
3Cited by8 opinions
- Linda Snider v. City Of Excelsior Springs, MissouriCourt of Appeals for the Eighth Circuit · 1998
- Snider v. City of Excelsior SpringsCourt of Appeals for the Eighth Circuit · 1998
- City of Columbia v. BaurichterSupreme Court of Missouri · 1986
- City of Excelsior Springs v. Elms Redevelopment Corp.Missouri Court of Appeals · 2000
- City of St. Louis v. CleggSupreme Court of Missouri · 1921
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