Legal Opinion

City of Carondelet v. McPherson

Supreme Court of Missouri

Decided October 15, 1854PublishedCited by 4 opinions

Appeal from, St. Louis Court of Common Pleas, This was an action brought by the city of Carondelet in 1852, for the possession of a tract of land bounded south by the northern boundary of the city of Carondelet, as incorporated in 1851, north by the St. Louis common, as surveyed, east by the Mississippi river, and west by the Carondelet common fields.

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Appeal from, St. Louis Court of Common Pleas, This was an action brought by the city of Carondelet in 1852, for the possession of a tract of land bounded south by the northern boundary of the city of Carondelet, as incorporated in 1851, north by the St. Louis common, as surveyed, east by the Mississippi river, and west by the Carondelet common fields. The plaintiff claimed the land as a part of the common confirmed to the inhabitants of Carondelet by the act of congress of June 13,1812, although it was not within any survey of the common. The defendant claimed under a patent from the state of…

1Opinion of the CourtGtamble, Judge

The plaintiff claims the land in controversy as a part of the commons of the village of Carondelet, confirmed by act of congress of June 13th, 1812. At the trial, no grant of commons was produced by the plaintiff, and no survey, Spanish or American. The reliance was upon the proof by witnesses, that, at a period before the change of government, the authorities of the village of St. Louis and Carondelet met together to mark the line between their respective commons, and that this meeting was by the direction, or with the knowledge and approbation of the lieutenant governor, and was attended by…

2Cited by4 opinions

  1. City of Carondelet v. City of St. LouisSupreme Court of Missouri · 1857
  2. Funkhouser v. LangkopfSupreme Court of Missouri · 1858
  3. City of Carondelet v. City of St. LouisSupreme Court of Missouri · 1860
  4. New Orleans, Mobile & Chattanooga Railroad v. City of New OrleansSupreme Court of Louisiana · 1874

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