Frederitzie v. Boeker
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon John W. McElhinney, Judge. (1) Under the law plaintiff’s accretions could never extend beyond the section and range lines at his southeast corner. Shelton v. Maupin, 16 Mo. 124. (2) Where the shore line of two or more bodies of land, divided by a water course, receive accretions until they come together, the line of contact will be the dividing line.
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Appeal from St. Louis County Circuit Court. — Hon John W. McElhinney, Judge. (1) Under the law plaintiff’s accretions could never extend beyond the section and range lines at his southeast corner. Shelton v. Maupin, 16 Mo. 124. (2) Where the shore line of two or more bodies of land, divided by a water course, receive accretions until they come together, the line of contact will be the dividing line. Buse v. Russell, 86 Mo. 209. (3) Plaintiff failed to make a showing that the accretions he is claiming were formed against land. Therefore, the court erred in its finding and judgment for him…
1Opinion of the CourtBrace, P. J.
— This is an appeal by the defendant from a judgment and decree of the St. Louis County Circuit Court in favor of the plaintiff.
The petition is in two counts. The first count is *230ejectment for the recovery of a small .tract of land, described in the petition and judgment by metes and bounds, and which it is alleged is an accretion to plaintiff’s land from the Meramec river. The second count is for injunction to restrain the defendant from erecting or maintaining an embankment or causeway across said tract of land whereby plaintiff’s access to said river would be cut off. On the filing of the…
2Cases cited2 opinions
- Climer v. WallaceSupreme Court of Missouri · 1859
- Mayor of Liberty v. BurnsSupreme Court of Missouri · 1893
3Cited by5 opinions
- State v. WynneSupreme Court of Missouri · 1944
- Lossing v. ShullSupreme Court of Missouri · 1943
- Von Eime v. FuchsSupreme Court of Missouri · 1928
- State v. HumfeldSupreme Court of Missouri · 1913
- Woods v. JohnsonSupreme Court of Missouri · 1915