Legal Opinion

Mulrooney v. O'Bear

Missouri Court of Appeals

Decided May 9, 1899Published

Appeal from the St. Louis City Circuit Court. — Hon. Rudolph Hirzel, Judge. The court erred in rejecting the testimony in reference to transactions between defendant O’Bear and Phil. Chew in reference to sale of property purchased by Chew. High on Inj. [8Ed.],sees.748,1549,p.1178; Kerr onInj.l2Ed.],sec. 25, p. 25; Michael v. St. Louis, 112 Mo. 610; 7 Am. and Eng.

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Appeal from the St. Louis City Circuit Court. — Hon. Rudolph Hirzel, Judge. The court erred in rejecting the testimony in reference to transactions between defendant O’Bear and Phil. Chew in reference to sale of property purchased by Chew. High on Inj. [8Ed.],sees.748,1549,p.1178; Kerr onInj.l2Ed.],sec. 25, p. 25; Michael v. St. Louis, 112 Mo. 610; 7 Am. and Eng. Ency. of Law, 18 et seq. and cases cited; Midland L. Co. v. Kruger, 52 Mo. 418; Longworth v. Aslin, 106 Mo. 155; Pelkinton v. Ins. Co., 55 Mo. 172. Plaintiff’s deed conveyed the Plodiamont Company’s full title to the water and sewer…

1Opinion of the CourtBland, P. J.

The Hodiamont Realty Company (incorporated), in 1891 and 1894, laid off into building lots, streets and alleys, a subdivision of land just west of the city limits of the city of St. Louis, which it duly platted, acknowledged and designated as Hodiamont, and caused the same to be recorded in the recorder’s office of St. Louis county (where the land is situated). Maple avenue road runs north and south on the western boundary line of Hodiamont. The city waterworks of the city of St. Louis has a supply water pipe just south of the south boundary line crossing Maple avenue, near the southwest…

2Cases cited10 opinions

  1. Cave v. CraftsCalifornia Supreme Court · 1878
  2. Wells v. . GarbuttNew York Court of Appeals · 1892
  3. White's v. Carrico's adm'rCourt of Appeals of Kentucky · 1859
  4. Farmer v. Ukiah Water Co.California Supreme Court · 1880
  5. Forbes v. Willamette Falls Electric Co.Oregon Supreme Court · 1890

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