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Schools v. Risley, The U.S. 91 (1870)

handle is hein.slavery/ussccases0379 and id is 1 raw text is: THE SCHOOLS V. RISLEY.

Syllabus.
to say that we have reconsidered the grounds of that de-
cision, and are still satisfied with it.
It follows that, upon the whole case, our decree must be
for the complainant as to the bonds claimed by llardenberg.
STRONG and BRADLEY, JJ., bad not yet taken their
seats when this case was adjudged.
THE SCHOOLS v. RSLEY.
1. Calls for the Mississippi River in deeds or conveyances from one private
individual to another private individual for lots in-St. Louis do not
give or create riparian rights in the grantees.
2. The eastern boundary of the corporation of'St. Louis of 1809, and the
eastern' line of the out-boundary of December 8, 1840, both extend to
the middle of the main chaniel of the Mississippi River.
8. A street or tow-path or passway or other open space permanently estab-
lished for public use between the river and the most easte~n row of lots
or blocks in the former town of St. Louis,.when it was first laid out, or,
established, or founded, would prevent the owners of such lots or blocks
from being riparian proprietors of the land between such lots or blocks
and the-river. But this would not be true of a passage-way or tow-path
kept up at the risk and charge of the proprietors of thQ lots, and follow-
ing the changes of the river as it receded or encroached, and if the in-
closure of the proprietor was advanced or set in with such recession or
encroachment.
4. The act of June 13, 1812, reserving certain lands for the benefit of the
public schools of St. Louis, does not reserve lands made by accretion to
lots on the river which were inhabited, cultivated, and possessed by
persons at the time of the cession of December, 1803, and till the already
mentioned act of June 13, 1812.
5. A concession which would have effect to bind a person when claiming
under it and when it relates to one. piece of property, has no efftct when
the person does not claim under it and when it relates to another.
6. Where the instructions given to the jury are sufficient to present the
whole controversy to their consideration, and they are framed in clear
and unambiguous terms, it is no cause for the reversal of a judgment to
show that one or more of the prayers'for instruction presented by the
losing party and not given by the court were correct in the abstract.
7. The map known as Chouteau's map in the office of the record of land
titles at St. Louis is not evidence conclusive upon questions of the extent
of lots in that town. But it may go to a jury with other evidence.

Dec. 1869.]

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