Benne v. Miller
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Budolph Hirzel, Judge. < (1) The law is that every riparian proprietor is entitled to a frontage of the same width on the new shore as on the old, without regard to- the side lines of the upland, except where the new shore is longer or shorter than the old, when a ratable distribution of the accretions is ascertained.
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Appeal from St. Louis County Circuit Court. — Hon. Budolph Hirzel, Judge. < (1) The law is that every riparian proprietor is entitled to a frontage of the same width on the new shore as on the old, without regard to- the side lines of the upland, except where the new shore is longer or shorter than the old, when a ratable distribution of the accretions is ascertained. Gould on Waters, sec. 162; Crandall v. Allen, 118 Mo. 403. (2) The first, second, third and fourth instructions given for the plaintiff are erroneous, because they assume: First, that the plaintiff had shown a legal title to the…
1Opinion of the CourtValliant, J.
This is an action in ejectment begun in 1895 for a tract of land fronting on the Mississippi in St. Louis county.
The petition is in the usual form.
The answer does not deny any of the allegations of the petition, but admits the possession, and pleads affirmatively that defendants and those under whom they claim have been *232in actual adverse possession, for more than ten years prior to the institution of this suit. Nevertheless at the trial the parties on both sides and the court treated the case as if the plaintiff was put to his proof, and so it will be treated here.
The land in actual dispute…
2Cases cited14 opinions
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Turner v. BakerSupreme Court of Missouri · 1876
- Draper v. ShootSupreme Court of Missouri · 1857
- Douthitt v. StinsonSupreme Court of Missouri · 1876
- Wilkerson v. EilersSupreme Court of Missouri · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Roche v. Town of FairfieldSupreme Court of Connecticut · 1982
- Tillman v. HutchersonSupreme Court of Missouri · 1941
- Bellefontaine Improvement Co. v. NiedringhausIllinois Supreme Court · 1899
- Lossing v. ShullSupreme Court of Missouri · 1943
- Lucas v. CrofootSupreme Court of Connecticut · 1921
18 more not listed; retrieve them via the Exa API.