Legal Opinion

Barry v. Blumenthal

Supreme Court of Missouri

Decided March 15, 1862PublishedCited by 1 opinion

Appeal from St. Louis Land Court. Eor statement see the opinion of the court. I. The plaintiff claims title by intermediate conveyances from "William Russell, to whom the land in controversy was confirmed by the act of Congress of April 29th, 1816, as a “ lot in Carondelet.”

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Appeal from St. Louis Land Court. Eor statement see the opinion of the court. I. The plaintiff claims title by intermediate conveyances from "William Russell, to whom the land in controversy was confirmed by the act of Congress of April 29th, 1816, as a “ lot in Carondelet.” The defendant claims by intermediate conveyances from the corporation of the town of Carondelet; and by a far-fetched construction of the United States surveys of the common of Carondelet, the defendant pretends that said surveys are evidence against the plaintiff, to show that the land in controvery was confirmed to the…

1Opinion of the CourtBates, Judge

This is an action, in the nature of an action of ejectment, commenced by the plaintiff, on the 29th day of April, 1857, in the St. Louis Land Court, for the possession of a part of survey 125, in block 84, in the former town, now city, of Carondelet.

The defendant, in his answer, denies all of the material averments in the petition, and sets up the statute of limitations ; and also claims to be the owner himself of the premises in controversy.

The judgment of the court below was in favor of the defendant, and the plaintiff appealed to this court. At the trial in the court below, the plaintiff…

2Cases cited2 opinions

  1. St. Louis University v. McCuneSupreme Court of Missouri · 1859
  2. Aubuchon v. AmesSupreme Court of Missouri · 1858

3Cited by1 opinion

  1. Vanderson v. VandersonMissouri Court of Appeals · 1984

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