Smith v. McCorkle
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Host. Geo. W. Lubke, Judge. (1) The recitals and descriptions in the deeds govern the boundaries and location.
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Appeal from St. Louis City Circuit Court. — Host. Geo. W. Lubke, Judge. (1) The recitals and descriptions in the deeds govern the boundaries and location. Gillespie v. Sawyer, 15 Neb. 536 ; MoAfferty v. Conover's Lessee, 7 Ohio St. 104 ; Piercy v. Crandall, 34 Cal. 343 ; Jackson v. Wendall, 5 Wend. 146; Jackson v. Sprague, 1 Payne, 494; Poxoell v. Clark, 5 Mass. 355 ; Jackson v. Barringer, 15 Johns. 471; Mills v. Miller, 4 Neb. -444. (2 ) The possession of one tenant in common is the possession of all. 1 Washb. Real Prop., p. 689. (3) Instructions not based upon the evidence are erroneous.…
1Opinion of the CourtMacfarlane, J.
The suit is ejectment for an undivided one-third of a strip of land in the city of St. Louis, having a front of one hundred and thirty-one feet along the eastern line of United States survey 378, which line is now Union avenue, and running back westerly about four thousand feet. It is unnecessary to give the exact description. The beginning point is given as five thousand and fifty-three feet, one and one-half inches south of the northern boundary of said *138survey 378, thence running south with the eastern iine of said survey one hundred and thirty-one feet, thence west, etc.
The title…
2Cases cited7 opinions
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Jacobs v. MoseleySupreme Court of Missouri · 1886
- Blair v. SmithSupreme Court of Missouri · 1852
- Hammond v. JohnstonSupreme Court of Missouri · 1887
- McIlhinney v. FickeSupreme Court of Missouri · 1875
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3Cited by5 opinions
- Tillman v. HutchersonSupreme Court of Missouri · 1941
- Marshall v. HillSupreme Court of Missouri · 1912
- Tyee Consolidated Mining Co. v. LangstedtCourt of Appeals for the Ninth Circuit · 1905
- Smith v. Catlin Land & Improvement Co.Supreme Court of Missouri · 1893
- Brummell v. HarrisSupreme Court of Missouri · 1901