Williams v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circidt Court. — Hon. Daniel Dillon, Judge. (1) The plaintiffs were in peaceable possession of their property at the time of the service of the notice by the defendant, requiring them to move their fences, houses, etc., and this possession raises a presumption of their right to such possession and their title to the property so possessed.
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Appeal from St. Louis City Circidt Court. — Hon. Daniel Dillon, Judge. (1) The plaintiffs were in peaceable possession of their property at the time of the service of the notice by the defendant, requiring them to move their fences, houses, etc., and this possession raises a presumption of their right to such possession and their title to the property so possessed. The burden, therefore, of proving that the plaintiffs are not entitled to maintain such possession rests upon the parties who would disturb such possession. Therefore, the burden in this case rests upon the defendants, and not the…
1Opinion of the CourtGantt, P. J.
This is a proceeding by injunction to restrain the city of St. Louis and its officers, from removing obstructions placed by plaintiffs in Cheltenham avenue. The plaintiffs are the owners of certain lots fronting north on said avenue, on the south line thereof and between Pierce and Sublette avenues, in said city. The lots of plaintiffs are only described in *406the petition by their frontage in feet on Cheltenham avenue. Their depth is not given.
It is averred that in 1852, one Thomas Gray was the owner of a tract of land known as Gratiot League Square, one thousand, one hundred and fifty-seven…
2Cited by8 opinions
- Ralston v. Town of WestonWest Virginia Supreme Court · 1899
- Tracy v. BittleSupreme Court of Missouri · 1908
- Wright v. City of DoniphanSupreme Court of Missouri · 1902
- State ex rel. Hines v. GirardeauSupreme Court of Missouri · 1907
- Laclede-Christy Clay Products Co. v. City of St. LouisSupreme Court of Missouri · 1912
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