Bailey v. Culver
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. Under the circumstances and the law applicable thereto, the plaintiffs are entitled to an easement of a right of way over the strip of ground Avhich the defendants have appropriated to their OAvn use.— Wiggins v. McCleary, 49 N. Y. 346; Bmyles v. Hastings, 24 Barb. 44 (s. c. m court of appeals, 22 N. Y. 217); Bissell v. Railroad Co., 23 N. Y. 61; Fisher v. Beard, 32 Iowa, 346, 355 ; Bump v. Banner, 37 Md. 621. This easement…
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Appeal from the St. Louis Circuit Court, Adams, J. Under the circumstances and the law applicable thereto, the plaintiffs are entitled to an easement of a right of way over the strip of ground Avhich the defendants have appropriated to their OAvn use.— Wiggins v. McCleary, 49 N. Y. 346; Bmyles v. Hastings, 24 Barb. 44 (s. c. m court of appeals, 22 N. Y. 217); Bissell v. Railroad Co., 23 N. Y. 61; Fisher v. Beard, 32 Iowa, 346, 355 ; Bump v. Banner, 37 Md. 621. This easement so created, is a private right in each lot-owner in the block to use and pass over the strip of ground from end to end,…
1Opinion of the CourtLewis, P. J.
Peter Lindell, who died in 1861, acquired by purchase, in May, 1825, what is now known as block No. 164, in the city of St, Louis, bounded on the north by Washington Avenue, on the south by St. Charles, ' on the east by Seventh, and on the west by Eighth Street. In 1862, there was a voluntary partition among his heirs of this property, together with other large bodies of real estate in the city and its suburbs. Three commissioners were appointed by agreement, who made an elaborate report, with plats of the blocks, lots, streets, and alleys, and an allotment of their several shares to the ten…
2Cited by13 opinions
- Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
- Johnson v. HerringMontana Supreme Court · 1931
- Hom v. ClarkCalifornia Court of Appeal · 1963
- Talbert v. MasonSupreme Court of Iowa · 1907
- Gargan v. Louisville, New Albany & Chicago Railway Co.Court of Appeals of Kentucky · 1889
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