Home/Supreme Court of Missouri/DeLassus v. Faherty

DeLassus v. Faherty

164 Mo. 361
CourtSupreme Court of Missouri
DecidedJune 29, 1901
StatusPublished
Cited by11 cases

This text of 164 Mo. 361 (DeLassus v. Faherty) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeLassus v. Faherty, 164 Mo. 361 (Mo. 1901).

Opinion

MARSHALL, J.

— This is an action in ejectment for land in Perry county and described as the fractional west half of fractional southwest quarter of section 3, in township 35 north, range 12 east, and also for, certain other land described as follows : “Beginning at the mouth of a branch on the, Mississippi river a short distance below the section line between sections 10 and 11, of fractional township 35 north, range 12 east, thence up said branch or main prong thereof to where the same intersects a north and south line passing through the center of section 10, thence north to the Mississippi river, thence down the same to the place of beginning. Also, fractional east half of fractional southwest quarter of fractional section 3, township 35 north, range 12 east. Also, north end of east half of northwest quarter of section 10, township 35 north, range 12 east. The same being the alluvion attached to said described land and lying between the original and present shore line of said Mississippi river, a more particular description of which is the following, to-wit: Beginning at a stone, the northwest corner of said fractional section 3, in township 35 north, range 12 east, as surveyed by authority of the United States government and described in field notes as being on the bank of the Mississippi river, running thence south 66.5 degrees east,, down high bank, 13 chains; thence south 72.5 degrees east, down high bank, 13 chains, thence south 55.5 degrees east, 23 [365]*365chains; thence 48.5 degrees east, down high bank, 13 chains; thence south 45 degrees east, down high bank, 20 chains; thence south 56.5 degrees east, down high bank, 10 chains and 50 links; thence south 52 degrees east, down high bank, 9 chains and 80 links, to a post in a branch; thence north 50 degrees east, along said branch, 3 chains and 34 links, to where said branch empties into the Gape Cinque Hommes creek; thence north 54 degrees east, across said creek, 31 chains and 7 links, to a post near the water’s edge of the Mississippi river; thence up said river north 25 chains; thence north 13 degrees east, up said river, 16 chains 10 links, to a post near the water’s edge; thence west 115 chains and 75 links to the place of beginning, containing 347.19 acres.” -'

The ouster is laid as of March 1, 1894. The answer is a general denial. The case was tried by the court, a jury being waived, and resulted in a judgment for the plaintiff for possession, and the monthly rents and profits were fixed at ten dollars. The defendant appealed.

The plaintiff claims title by deed .-from Eobert E. Gate-wood, dated October 30, 1876, and recorded January 11, 1877, and from Anna Mauer. These grantors were purchasers at the partition sale of the estate of plaintiff’s ancestor, O. E. DeLassus, and the plaintiff claims that he and his grantors have been in possession of this land ever since its formation, and of the land to which he claims this land is an accretion, for about fifty years.

The defendant claims title under a partition sale of the Jones estate made in April, 1884, and claims that the land here in controversy is an accretion to Island No. 15 in the Mississippi river, commonly called “Jones’s Island.”

The respective contentions are easily understood by reference to diagrams, Nos. 1 and 2, made by the plaintiff, and defendant’s Exhibit “O,” which are as follows:

[366]

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Bluebook (online)
164 Mo. 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delassus-v-faherty-mo-1901.