City of Carondelet v. Wolfert
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action of ejectment to recover possession of lot 28 of the common of Carondelet. The cause was tried bv the court sitting as a jury. At the trial, the plaintiff gave evidence of the incorporation of the town of Carondelet in 1832, by the judgment of the Circuit Court; and, also, of ordinance No. 78 of the town of Carondelet, approved March 13,1845, providing for the lease of the common.
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Appeal from St. Louis Land Court. This was an action of ejectment to recover possession of lot 28 of the common of Carondelet. The cause was tried bv the court sitting as a jury. At the trial, the plaintiff gave evidence of the incorporation of the town of Carondelet in 1832, by the judgment of the Circuit Court; and, also, of ordinance No. 78 of the town of Carondelet, approved March 13,1845, providing for the lease of the common. Sec. 5 of this ordinance was in the following words: “ The lease shall contain a provision to the following effect, viz.: that should the rent reserved as…
1Opinion of the Court
Fags, Judge,
delivered the opinion of the court. ,
The only matter presented for the determination of the court is, whether the case as presented by the record comes within the principles settled by the cases heretofore decided. It is claimed on the part of the appellant, that a distinction should be taken between this and the former adjudged cases, for the reason that the forfeiture of the lease claimed to have been taken by the city council in this instance was in pursuance of the provisions of the charter of Carondelet granted by the Legislature on the 16th day of January, A. D. 1860. In the…
2Cases cited4 opinions
- Taylor v. City of CarondeletSupreme Court of Missouri · 1855
- Graham v. City of CarondeletSupreme Court of Missouri · 1862
- City of Carondelet v. LannanSupreme Court of Missouri · 1858
- Huth's Administrator v. City of CarondeletSupreme Court of Missouri · 1858
3Cited by6 opinions
- Ralph v. LomerWashington Supreme Court · 1891
- Rainey v. QuigleyOregon Supreme Court · 1947
- Kovner v. DubinSupreme Court of Connecticut · 1926
- Wilson v. WattSupreme Court of Missouri · 1959
- Lewis v. City of St. LouisSupreme Court of Missouri · 1879
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