Legal Opinion

Smith v. City of St. Louis

Supreme Court of Missouri

Decided March 15, 1855PublishedCited by 6 opinions

Jlppeal from St. Louis Court of Common Pleas. This was an action for the possession of a piece of land lying on the Mississippi river, east of block 42, in the city of St. Louis. Block 42 is bounded north by Cedar street, east by Main street, south by Mulberry street, and west by Second street, and was confirmed to Auguste Chouteau under Devol-sey.

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Jlppeal from St. Louis Court of Common Pleas. This was an action for the possession of a piece of land lying on the Mississippi river, east of block 42, in the city of St. Louis. Block 42 is bounded north by Cedar street, east by Main street, south by Mulberry street, and west by Second street, and was confirmed to Auguste Chouteau under Devol-sey. Chouteau’s title was afterwards acquired by the plaintiffs, who claim the land sued for as an accretion made by the deposits of the river. The original concession to Devolsey by St. Ange, acting commandant, dated August 15, 1766, described the land…

1Opinion of the CourtScott, Judge

Our duty in the present ease only requires of us an examination of the title of the plaintiffs, who are appellants here seeking to deprive the city of a lot of ground of which she is now possessed. If, under these circumstances, the plaintiffs fail to show a right to recover, it is obvious that the defendant cannot be disturbed and is not bound to show her title.

From the view we take of the law, we are confined to the survey made under the confirmation, through which the plaintiffs claim, in order to ascertain the limits and extent of their rights. In the case of Menard’s heirs v. Massey, 8…

2Cases cited2 opinions

  1. Menard's Heirs v. MasseySupreme Court of the United States · 1850
  2. O'Fallon v. DaggettSupreme Court of Missouri · 1836

3Cited by6 opinions

  1. Braddock Jones, in Error v. James G. SoulardSupreme Court of the United States · 1861
  2. Frank v. GoddinSupreme Court of Missouri · 1906
  3. Smith v. St. Louis Public SchoolsSupreme Court of Missouri · 1860
  4. American Steel & Wire Co. v. City of St. LouisSupreme Court of Missouri · 1945
  5. Sweringen v. St. LouisSupreme Court of Missouri · 1899

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