City of St. Louis v. Wiggins Ferry Co.
Supreme Court of Missouri
Appeal from St. Louis Oourt of Appeals. (1) The agreement of January 28, 1853, is inoperative and of no force, because it was never, perfected as contemplated and as required by its terms. (2) If, however, it is true that a less number than the whole could be bound by the agreement, then that number is certainly fixed to be holders of not less than fifteen hundred feet: and there is no evidence that such number signed the agreement.
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Appeal from St. Louis Oourt of Appeals. (1) The agreement of January 28, 1853, is inoperative and of no force, because it was never, perfected as contemplated and as required by its terms. (2) If, however, it is true that a less number than the whole could be bound by the agreement, then that number is certainly fixed to be holders of not less than fifteen hundred feet: and there is no evidence that such number signed the agreement. Anderson ». City, 47 Mo. 479. (3) The city here claims a specific lot or parcel of land exactly described by metes and bounds. No such property is described in…
1Opinion of the Court
Black, ,T.
This is an action of ejectment for that part of north wharf which lies between two adjacent streets in the city of St. Louis when produced to the river. The defendant is in possession under leases made to it in 1870 by Benoist, Page and Bogy. The city claims possession by virtue of a deed made in 1853, by some forty odd persons, including- the defendant’s lessors. *617These lessors are, therefore, the common source of title beyond which we need not inquire.. The substantial portions of the deed, so far as material to this case, are as follows: The first parties describe themselves as…
2Cases cited1 opinion
- Anderson v. City of St. LouisSupreme Court of Missouri · 1871
3Cited by17 opinions
- Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Studdard v. WellsSupreme Court of Missouri · 1894
- Chouteau v. City of St. LouisSupreme Court of Missouri · 1932
- Goode v. City of St. LouisSupreme Court of Missouri · 1892
- City of St. Louis v. GlasgowSupreme Court of Missouri · 1914
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