Cabanné v. Walker
Supreme Court of Missouri
Error to St. Louis Lcmcl Court. This was an action of ejectment, instituted in February, 1855, to recover from defendant a tract of land in the lower part of the city of St. Louis. In support of their claim, the plaintiffs showed a confirmation to the representatives of Pierre Frangois Devolsey, by the act of July 4, 1836, of a tract of land six arpens in front by forty arpens in depth.
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Error to St. Louis Lcmcl Court. This was an action of ejectment, instituted in February, 1855, to recover from defendant a tract of land in the lower part of the city of St. Louis. In support of their claim, the plaintiffs showed a confirmation to the representatives of Pierre Frangois Devolsey, by the act of July 4, 1836, of a tract of land six arpens in front by forty arpens in depth. The record of the proceedings of the commissioners, reporting the same for confirmation, shows a concession to Devolsey of such a tract of land, made September 15, 1767. In these proceedings is the testimony…
1Opinion of the CourtScott, Judge
This was an action of ejectment, and of course, as the defendant was in possession, it became the duty of the plaintiffs to show a superior title to that set up by him ip order to eject him.
The plaintiffs maintain that the defendant could not acquire a valid title to vacant land within the outboundary of the city of St. Louis, as surveyed under the act of 1812, by virtue of an entry and patent dated in June, 1826. If this is conceded, how do the plaintiffs stand under their confirmation by the act of July 4, 1836 ? Could that act give them any title to vacant land within the said outboundary…
2Cited by6 opinions
- Edwards v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1907
- Welp v. BogyMissouri Court of Appeals · 1925
- Noah v. L. B. Price Mercantile Co.Missouri Court of Appeals · 1921
- Board of President of the St. Louis Public Schools v. WalkerSupreme Court of Missouri · 1867
- Murphy v. CreathMissouri Court of Appeals · 1887
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