87 Mo. 90 | Mo. | 1885
The defendant is a corporation engaged in raising sand from the river in the vicinity of St. Louis and disposing of the same in the market. Plaintiff sues for the value of the sand raised and sold by defendant, claiming to own the bed of the river from which it is alleged to have been taken. The land is in Illinois and is an accretion to the third sub-division of the Cahokia Commons, which were granted to the inhabitants of that village by the United States. This subdivision was laid off into lots by the supervisor in 1862, and leased to various persons for a period of ninety-nine years. Subsequently an- accretion formed in front of the subdivision which fronted on the Mississippi river, in the shape of an island. In 1869 this island was assessed in the name of the plaintiff and sold for those taxes to one Bonham who quit-claimed to plaintiff for a nominal ■consideration.
Plaintiff put in evidence these tax proceedings, certain statutes of the state of Illinois, and offered evidence tending to show that- defendant had dug up a large .amount of sand and the value thereof. Defendant proved that in 1872 the supervisor of the village, who had ■authority by law to sub-divide and lease the commons, surveyed, platted' and leased the accretion to Illinski for ninety-nine years, and then read a license from