St. Louis County v. Delbet Investment

The suit out of which this appeal arises was a condemnation action for the establishment of a public road known as the Forsyth By-Pass in the City of Clayton. Part of the land condemned was the northern half of the former right-of-way of the Chicago, Rock Island and Pacific Railroad. The commissioners awarded $7,840.00 for the taking of the land in question. There were no exceptions to the award and all defendants joined as having an interest in the particular parcel, except the appellant and respondents herein, disclaimed any interest in the award. Siteman Realty & Investment Company, the appellant here, claims that it had title to the strip condemned. Conversely, Homer G. Herpel and Aimee Herpel and Herbert Potter claim that they had title to it. The trial court held title to the land was in the Herpels and Potter at the time of the condemnation and directed payment of $7,840.00 to them. It is from that order that Siteman Realty & Investment Company appeals. The principle facts are not disputed. They were submitted to the court by stipulation. To paraphrase them, they set forth the following. At some unstated time prior to 1878 the railroad right-of-way was established. It ran generally east and west at the point here considered. Its northern boundary followed the south boundary of Sappington Road in 1878. The road was dedicated as a public road by a plat of a subdivision which covered an area described as Block 8, Lot 20, Clayton. Sappington Road is now known as Shaw Park Boulevard. The railroad right-of-way was abandoned of record in 1963 and it was stipulated that at that time the northern half of the abandoned right-of-way consisting of 7,840 square feet reverted to those who then held title to Lot 20.