Tigh v. Chouquette
Supreme Court of Missouri
Error to St. Louis Court of Common Pleas. This was an action in the nature of ejectment for a lot in the north-east quarter of block 8T, in Eiler’s survey of the town of Carondelet.
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Error to St. Louis Court of Common Pleas. This was an action in the nature of ejectment for a lot in the north-east quarter of block 8T, in Eiler’s survey of the town of Carondelet. Roth parties claimed title under the town, the plaintiff under a deed dated September 1, 1834, and the defendant under a deed dated January 29, 1850. By the first section of an act of the general assembly approved February 13, 1833, the board of trustees of the town of Carondelet was authorized to sell and convey all the vacant or unoccupied lots in Eiler’s survey, to which the inhabitants had the legal or…
1Opinion of the CourtScott, Judge
1. The idea in which the defence of the plaintiff in error seems to be conceived, cannot be sustained. That idea is, that the execution of a deed for a lot in the town of Carondelet was the execution of a naked power ; and, unless all the circumstances existed that warranted its exercise, the act was void. It is believed that such is not the view to be taken of the act and ordinances under which the authorities of the town proceeded in settling the titles and disposing of her vacant and unoccupied lots.
*236The act of 13th February, 1833, conferred on the board of trustees of the town of…
2Cases cited1 opinion
- Reilly v. ChouquetteSupreme Court of Missouri · 1853
3Cited by3 opinions
- Henderson v. DickeySupreme Court of Missouri · 1872
- Wells v. PressySupreme Court of Missouri · 1891
- Jamison v. FopianaSupreme Court of Missouri · 1869