Hunt v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Error to Cooper Circuit Court.—Hon. Geo. W. Miller, Judge. Defendant had the right to remove the depot. Although the proceedings for condemnation were irregular and void, and the company did not acquire plaintiff’s title to the lot, still the depot was placed there in good faith, and without objection from plaintiff, and it did not thereby become part of the realty. Eeitrich v. Murdock, 42 Mo. 279; North. Cent. My Co.v. Canton Co., 30 Md. 347; s. c., 8 Am. Law Reg.
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Error to Cooper Circuit Court.—Hon. Geo. W. Miller, Judge. Defendant had the right to remove the depot. Although the proceedings for condemnation were irregular and void, and the company did not acquire plaintiff’s title to the lot, still the depot was placed there in good faith, and without objection from plaintiff, and it did not thereby become part of the realty. Eeitrich v. Murdock, 42 Mo. 279; North. Cent. My Co.v. Canton Co., 30 Md. 347; s. c., 8 Am. Law Reg. (N. S.) 540; Wickliffe v. Clay, 1 Dana 585. Plaintiff knew that the depot was being built, and made no objection. The company…
1Opinion of the CourtHough, J.
A perpetual injunction was decreed by the circuit court in this case, restraining the defendant from removing from the north half of lot 167, in the town of Boonville, that portion of a building used by the defendant as a freight depot, which had been erected on the north half of said lot. There is no controversy in this proceeding as to the ownership-of the north half of lot 167, and the only question is, whether the building was erected Upon the plaintiff’s lot under such circumstances as will entitle the defendant to recover it. The entire structure is seventy-five feet long and twenty-six…
2Cases cited4 opinions
- Dietrich v. MurdockSupreme Court of Missouri · 1868
- Lowenberg v. BerndSupreme Court of Missouri · 1871
- Matson v. CalhounSupreme Court of Missouri · 1869
- Goodman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
3Cited by9 opinions
- Berry v. Emery, Bird, Thayer Dry Goods Co.Supreme Court of Missouri · 1948
- Cohen v. St. Louis, Fort Scott & Wichita RailroadSupreme Court of Kansas · 1885
- Jacksonville, Tampa & Key West Railway Co. v. AdamsSupreme Court of Florida · 1891
- Hatton v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1913
- Atchison, Topeka & Santa Fe Railway Co. v. RichterNew Mexico Supreme Court · 1915
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