City of Carondelet v. Simon
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action of ejectment against Simon to recover possession of lots 179, 180 and 181 in the common of Carondelet south of the river Des Peres. Davis appeared as landlord of defendant, and filed an answer denying the title of plaintiffand the unlawful withholding possession of the premises, and set up title in himself by virtue of adverse possession of so much of said lands as were within the Martigny survey.
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Appeal from St. Louis Land Court. This was an action of ejectment against Simon to recover possession of lots 179, 180 and 181 in the common of Carondelet south of the river Des Peres. Davis appeared as landlord of defendant, and filed an answer denying the title of plaintiffand the unlawful withholding possession of the premises, and set up title in himself by virtue of adverse possession of so much of said lands as were within the Martigny survey. To show title, plaintiff read 1st, the “ Act to incorporate the City of Carondelet,” approved January 16, 1860 ; 2d, U. S. survey of commons of…
1Opinion of the CourtHolmes, Judge
The plaintiff claimed title to the land in controversy as a part of the common of the town of Carondelet. The defend*413ants claimed title under a confirmation and survey of the Martigny tract, under the act of Congress of the.4th of’July,/ 1836, and gave evidence of an actual adverse possession of the land in controversy for more than ten years next before thej commencement of this suit. The evidence appears to have fully established the defence.
The instructions which were given on behalf of the defendants appear to be unobjectionable. The plaintiff’s instructions were also given. No instruction…
2Cited by2 opinions
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