Missouri Appeal Reports Volume 6 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...seems pertinent to all the features of the present case. When Lynch began to build on his foundation, the plaintiff had in his hands the same means of knowledge of the true line that he had at any time afterwards. He chose not to use them, but to adopt the result of the survey made for Lynch, and in the most notorious way possible proclaimed his absolute confi-dence in its correctness. With the concurrence of all the judges, the judgment is aflirmed. EDWARD T. Fsmsn, Plaintiff in Error, v. JQHN E. Coox, Defendant in Error. December 17, 1878. The words "I give and bequeath to A. all my worldly goods, consisting of household furniture, clothing, bed and bedding, money, and cattle; like-wise my house and lot I now occupy," contained in a will, are ineffectual to pass other real estate owned by the testator at the date of the will and at the time of his death. Ennon to St. Louis Circuit Court. A_p'irmed. l HENRY V. N1LLIAMs, for plaintiff in error, cited: Perrin v. Blake, Burr. 2579; Smith v. Bell, 6 Pet. 68; Dugans v. Livingston, 15 Mo. 230; Peters v. Carr, 16 Mo. 54; Brown v. Dysinyer, 1 Rawle, 415; Jacks-on v. Honsel, 17 LEWIS, P. J., delivered the opinion of the court. This is an action of ejectment for possession of a tract of two by forty arpents situate in the Grand Prairie Common Fields of St. Louis. The Circuit Court, sitting as a jury, gave judgment for the defendant. The plaintiff 's testimony tended to show a chain of title derived from a Spanish concession and a confirmation by the United States government, whereby the property belonged in 1827 to Louis Tesson Honore. In that year he died, leaving a last will and testament which contained the following bequest: "I give and bequeath to my beloved wife, ...