McClellan v. St. Louis & Hannibal Railroad
Supreme Court of Missouri
Appeal from Lincoln ■ Circuit Court. — Hon. E. M. Hughes, Judge. Tins action of ejectment by respondent against the appellant was commenced August 24, 1887, for possession of a part of appellant’s roadbed and right of way across respondent’s farm in Lincoln county, Missouri.
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Appeal from Lincoln ■ Circuit Court. — Hon. E. M. Hughes, Judge. Tins action of ejectment by respondent against the appellant was commenced August 24, 1887, for possession of a part of appellant’s roadbed and right of way across respondent’s farm in Lincoln county, Missouri. The ouster was laid January 1, 1887. The answer of defendant admitted it was a railroad corporation, and its possession of the land sued for ; denied the other allegations and relied on the statute of limitations. The answer, for a further defense, alleges that the St. Louis & Keokuk Railroad Company on August 8, 1870,…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment to obtain possession of a strip of land, one hundred feet in width, through plaintiff’s farm in Lincoln county, Missouri.
The defendant and its predecessor, the St. Louis & Keokuk Railroad Company, have occupied this strip since 1872, as a part of the right of way for said railroad, a line running from Gilmore, on the Wabash, St. Louis & Pacific railway, to Hannibal.
Thomas G. Huttwas the owner of this farm in 1870, and on the eighth of August of that year conveyed this right of way through his farm to the St. Louis . & Keokuk railroad for $100, “subject to the…
2Cases cited8 opinions
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Walther v. WarnerSupreme Court of Missouri · 1857
- Bradley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Hubbard v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Webster v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Scarritt v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1895
- Snyder v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Maupin v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
5 more not listed; retrieve them via the Exa API.