Schultz v. Lindell
Supreme Court of Missouri
Hppeal from St. Louis Land Court. This was an action in the nature of an action of ejectment for the possession of a portion of a tract of one by forty arpens, situate in the Grand Prairie common field, near St. Louis, which said tract of forty arpens “was cultivated and possessed by Jean B. Provenchere, prior to the 20th day of December, 1803, as a common field lot of the Grand Prairie common fields - adjoining and belonging to the town of St. Louis,” &c.
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Hppeal from St. Louis Land Court. This was an action in the nature of an action of ejectment for the possession of a portion of a tract of one by forty arpens, situate in the Grand Prairie common field, near St. Louis, which said tract of forty arpens “was cultivated and possessed by Jean B. Provenchere, prior to the 20th day of December, 1803, as a common field lot of the Grand Prairie common fields - adjoining and belonging to the town of St. Louis,” &c. It was admitted that the land in controversy lies outside and westwardly of the outboundary line of the town of St. Louis, as established…
1Opinion of the CourtScott, Judge
It does not appear to us that any other point was decided by the court, of which the plaintiffs have a right to complain, than that the lot in controversy, not being within the survey of the outboundary of the town of St. Louis as represented on the “ Map X,” was not confirmed by the act of June 13, 1812. Since this opinion was expressed, the question has received the determination of this court, and it is now regarded that the out-boundary as laid down on that map does not affect a title of a a claimant under that act. For the 2d and 3d instructions given by the court below, the judgment…
2Cited by3 opinions
- Koebel Ex Rel. Koebel v. Tieman Coal & Material Co.Supreme Court of Missouri · 1935
- Milburn v. HardySupreme Court of Missouri · 1859
- Glasgow v. BakerSupreme Court of Missouri · 1885