State v. Wells
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. H. P. White, Judge. I. If a road was established at all, it must have been done-by the county court, and under the statute in force at the time. R. S. 1855, p. 1390, § 15. The action of the court should appear of record.
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Appeal from Jackson Criminal Court. — Hon. H. P. White, Judge. I. If a road was established at all, it must have been done-by the county court, and under the statute in force at the time. R. S. 1855, p. 1390, § 15. The action of the court should appear of record. R. S. 1855, p. 536, § 23; Medlin v. Platte Co., 8 Mo. 235 ; Milan v. Pemberton, 12 Mo. 599. There being no proof that any such record had been made and lost, parol evidence of the existence of the road was inadmissible. Parry v. Walser, 57 Mo. 169; Foulk v. Colburn, 48 Mo. 225. 2; A road may be established, we admit, by prescription,…
1Opinion of the Court
Sherwood, C. J. —
The defendant was indicted for obstructing a public road, and convicted.
1. public roads: title by user. Even if we concede that twenty years use of a road by the public, is necessary to confer an easement, the testimony is ample for that purpose, one of the witnesses testifying that there had .been a road on the land now owned by defendant for twenty years. And another witness testified that he had known the road in question as a road for about thirty-seven years, and that it had been worked. It is true this witness also stated that the road had been “changed in some places,”…
2Cases cited3 opinions
- Howell v. StewartSupreme Court of Missouri · 1873
- State v. WaltersSupreme Court of Missouri · 1879
- State v. CulverSupreme Court of Missouri · 1877
3Cited by21 opinions
- Union Electric Light & Power Co. v. Snyder Estate Co.Court of Appeals for the Eighth Circuit · 1933
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Sikes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Brown v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1886
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