Rice v. Wade
Missouri Court of Appeals
Error to Boone Circuit Court. — Hon. Alexander H. Waller, Judge. (1) Ways of necessity arise where the owner of a large tract sells off a tract isolated from a road, in which case as appurtenant to the tract sold there passes the right to pass over other land of the grantor in order to pass in or out of the premises sold. This right still maintains even while the tract sold is patented by the government itself.
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Error to Boone Circuit Court. — Hon. Alexander H. Waller, Judge. (1) Ways of necessity arise where the owner of a large tract sells off a tract isolated from a road, in which case as appurtenant to the tract sold there passes the right to pass over other land of the grantor in order to pass in or out of the premises sold. This right still maintains even while the tract sold is patented by the government itself. Snyder v. Thomas, 11 Mr. 513. (2) This right is one recognized by the common law. It is an implication from the grant, and it exists even where there are statutes setting out how the…
1Opinion of the CourtBroaddus, P. J.
This was an action for trespass begun in a justice’s court. There were two causes of action set out in the statement. One for malicious trespass based on section 4573, Revised Statutes 1899, and one for common law trespass. The court found against plaintiff on the first. The parties do not differ *341about .the testimony, and plaintiff: admits that defendant’s propositions of law are correct, but denies that defendant has properly interpreted the first and that the second has no application to the issues.
The cause was tried by the court sitting as a jury and at the request of the defendant made a…
2Cases cited3 opinions
- House v. MontgomeryMissouri Court of Appeals · 1885
- Snyder v. Warford & ThomasSupreme Court of Missouri · 1848
- Power v. DeanMissouri Court of Appeals · 1905
3Cited by2 opinions
- Marshall v. CallahanMissouri Court of Appeals · 1950
- Orvis v. GarmsMissouri Court of Appeals · 1982