117 Mo. 438 | Mo. | 1893
— This is an action of ejectment for the undivided one-half of the following parcel of land: Beginning in the east line of survey 378 at a point eighty-two chains and twenty-nine links southerly from the northeast corner of said survey, thence westerly on a line parallel with the north line of said survey one
Marie Louise Papin acquired the entire survey by a patent from the United States dated in 1823. The survey was supposed to be forty arpens north and south and eighty arpens east and west, but it proved to be two hundred and thirteen feet and eight inches in excess, of forty arpens from north to south.
On June 6,1807, Marie Louise Papin and her husband conveyed to Marie P. Leduc a part of the survey, that is to say, two and one-half arpens in width by eighty arpens in length, along the south line of the survey. Thereafter and on the twenty-fourth of August, 1808, Marie Louise Papin and her husband executed twelve deeds, all of the same date; one to Marie P. Leduc, their son-in-law. This deed describes the land thereby conveyed as “two arpents and a half in front by eighty arpents in depth, or two hundred arpents in superficies, adjoining on the north side the land of Pierre Chouteau, on the south his own land,!’ and by other words it is located in the before mentioned survey. Another of these deeds is to Pierre Chouteau and conveys “ten arpents in front by eighty arpents in depth, or eight hundred arpents in superficies, bounded on the north by Emilie Papin, our daughter, south by Marie P. Leduc.” The other ten deeds are to the children of the grantors, and each deed conveys a parcel of two and a half by eighty arpens. The north and south boundaries are designated by naming the owners of land on the north and south as in the deed last mentioned, except the deed to Joseph Papin, which for its north boundary calls for the north line of the survey.
On the twenty-ninth of August, 1808, Chouteau conveyed the ten by eighty arpens to Emilie Papin. This deed has a condition therein to the effect that, if Emilie should marry then the land thereby conveyed should be divided between herself and her brothers and sisters. The deed provides further, that the grantee is to have possession after the death of her father and mother. Emilie married Chauvin, so that the land conveyed to her by Chouteau became the property of herself and her brothers and sisters in equal parts.
Alexander Papin and Pierre M. Papin acquired the north half of the ten by eighty arpens from their brothers and sisters by a deed dated the seventh of August, 1820. On the twenty-second of June, 1831, they conveyed the north half of the five by eighty arpens, so purchased by them, to Stanislaus Prouhet, and Agnes, his wife. This deed describes the property conveyed as “a tract of land containing two arpens and a half running north and south by eighty arpens running east and west, or two hundred arpens * * * bounded as follows: north and east by lands of John P. Caba-nne; south by lands of Pierre M. Papin, * * * being the just half moiety to be taken from the northern part of the tract of four hundred arpens of land which said Alexander and Pierre M. Papin purchased from” their brothers aj?d sisters. And, on the fifth of June, 1833, said Alexander and Pierre M. Papin conveyed the south half of the five arpens in width to Robert Eorsyth by the following description: “two hundred arpens, being two arpens and a half wide running north and south, by eighty arpens running east and west, * * * bounded * * * south by lands of Thomas Eorsyth, * * * north by lands of Stanislaus Prouhet, being part of a tract of land of a
In explanation of the calls in the two deeds last mentioned, it may be stated that, John P. Cabannehad acquired the two and one-half by eighty arpen tract next north of the Chouteau ten by eighty arpen tract; and Thomas Forsyth had acquired the south half of the ten by eighty arpen tract by deed from thePapin children. At a subsequent date Thomas conveyed this south half of the ten by eighty arpens to-Robert Forsyth.
As has been said, Stanislaus Prouhet acquired the-two and one-half by eighty arpens'on the north side of the Chouteau ten by eighty arpens, by deed, dated the twenty-second of June, 1831. On the thirtieth of" December, 1837, he and his wife conveyed this two and one-half by eighty arpens to their children, Theodore, Joseph, Hypolite and Virginia. By this deed the grantors reserve to themselves a life estate. Hypolite and Virginia became the owners of all that part thereof' which lies east of the Stinker road. Virginia conveyed her undivided half to Robert Forsyth on the twenty-first of October, 1850.
Both parties claim title under Hypolite Prouhet. On the eleventh of March, 1851, he and his wife conveyed his undivided half to Robert Forsyth, describing the land conveyed as grant, bargain and sell all their estate, right, title and interest of, in and to, a. tract of “one hundred and fifty arpens, more or less, containing two and one-half arpens north to south by sixty arpens to east and west, bounded west by land of Theodore Prouhet, south by Robert Forsyth; east by Charles P. Cabanne, and north by James W. Kings-bury, the interest hereby intended to be conveyed being equal to seventy-five arpens, more or less, and' said tract of one hundred and fifty arpens being east
The plaintiff claims under a deed to himself, dated in 1889, executed by the administrator of the estate of Hypolite Prouhet, in which the land is described the same as in the petition in this case. The plaintiff caused the administrator’s sale to be made with a view of purchasing the property and prosecuting this suit.