Whyte v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Oity‘Circuit Court. — Hon. Leroy B. Yalliant, Judge. (1) All* the space lying east of the west line of the wharf as established by ordinance 5403 has been dedicated by deed as a public wharf. The portion thereof allotted by the lower court to the plaintiff was improperly adjudged to her. (a) Resting in estoppel, it is wholly immaterial whether the deed is a warranty deed or a, quitclaim deed or arises out of matter in pais. Greenl. on Evid.
Read the full summary
Appeal from St. Louis Oity‘Circuit Court. — Hon. Leroy B. Yalliant, Judge. (1) All* the space lying east of the west line of the wharf as established by ordinance 5403 has been dedicated by deed as a public wharf. The portion thereof allotted by the lower court to the plaintiff was improperly adjudged to her. (a) Resting in estoppel, it is wholly immaterial whether the deed is a warranty deed or a, quitclaim deed or arises out of matter in pais. Greenl. on Evid. (11 Ed.), sec. 27; Valette v. Bennett, 69 111. 632. (2) A vendor of one of two lots is not permitted to deny a representation to the…
1Opinion of the CourtBurgess, J.
This is ejectment to recover possession of a.small tract of land in the city of St. Louis, described as follows:
“That parcel of land situate in the city of St. Louis and State of Missouri, in Duchoquette’s Addition thereto, lying contiguous to 'the Mississippi river and opposite City Block 870 of said city, containing three hundred and ninety-eight feet and two inches along the Mississippi river, and running back therefrom three hundred and seven feet; bounded north by land *83opposite.City Block 869; east by the Mississippi river at low water mark and west by said City Block 870.”
The suit was…
2Cases cited3 opinions
- Heitz v. City of St. LouisSupreme Court of Missouri · 1892
- Tatum v. City of St. LouisSupreme Court of Missouri · 1894
- State v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
3Cited by10 opinions
- Fowler v. WoodSupreme Court of Kansas · 1906
- City of St. Charles v. De SherliaMissouri Court of Appeals · 1957
- Hoechst v. BangertSupreme Court of Missouri · 1969
- Kansas v. MeriwetherCourt of Appeals for the Eighth Circuit · 1910
- Moore v. RoneMissouri Court of Appeals · 1962
5 more not listed; retrieve them via the Exa API.