112 Mo. 525 | Mo. | 1892
This suit is ejectment to recover a parcel of land in St. Louis which is occupied by the
The question is whether the owner of land, the houndaries of which call for a street, which is located along the Mississippi river, is entitled, as a riparian owner, to land subsequently formed by accretions on the opposite side of the street. The question is answered in the negative by this court in the early cases of Lebeaume v. Poctlington, 21 Mo. 36, and Smith v. Schools, 30 Mo. 294. These cases distinctly hold that, if a lot were bounded or limited by streets, the owner thereof would not become a riparian proprietor and entitled to the alluvion by reason of the fact that the original grant, besides the street, also called for the river in front. The fact that the easement imposed by the Spanish law upon land lying along the bank of the river known as a tow path is called for in the original plat as coincident with the .street can make no difference. The limit of the boundary in the direction of the river, by an intervening street, prevents the proprietor from claiming the
The description of the lot which runs through the 'whole chain of title gives "Water street as the eastern "boundary. That description goes back to 1838, and is conclusive against the proprietor to any right to the alluvion.
By the instructions given and refused the court declared the law according to these views. Judgment ■affirmed.