Missouri Institute for the Education of the Blind v. How
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action in the nature of an action of trespass quaere clausum fregit, instituted September 26, 1856, to recover damages for an alleged wrongful entry upon certain premises described as block No. 3 in. N. P. Taylor’s addition to St. Louis.
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Appeal from St. Louis Land Court. This was an action in the nature of an action of trespass quaere clausum fregit, instituted September 26, 1856, to recover damages for an alleged wrongful entry upon certain premises described as block No. 3 in. N. P. Taylor’s addition to St. Louis. The defendants, in their answer, pleaded, substantially, not guilty; that plaintiff had no property in the locus in quo; and that the premises were a part of a public street, dedicated to public use prior to the alleged trespass by plaintiff and those under whom he claims. The gist of the defence is that the…
1Opinion of the CourtScott, Judge
The defendants have failed to establish any justification for the trespass with which they are charged. Their defence rested on the ground that there had been a dedication of the land to the public as a street.
The vital principle of a dedication is the intention to dedicate ; and whenever this is unequivocally manifested, the dedication, so far as the owner of the soil is concerned, has been made. (Angell on Highways, 113.) When the proprietor of town property lays it out into lots, with streets and alleys intersecting it, and sells lots with reference to the plat in which the same is so laid…
2Cited by14 opinions
- City of San Francisco v. CanavanCalifornia Supreme Court · 1872
- Brinck v. CollierSupreme Court of Missouri · 1874
- State v. CulverSupreme Court of Missouri · 1877
- Metropolitan Properties Co. v. RideoutSupreme Court of Missouri · 1940
- Welsh v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1885
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