Cook v. Ferbert
Supreme Court of Missouri
Appeal from Buchanan Circuit Cotirt. — Hon. A. M. Woodson, Judge. (1) The right was expressly left in parol. No deed was made or promised, and defendant refused to make one, if the subject was mentioned. Cook’s right was a mere license revocable at will in the very nature of the case.
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Appeal from Buchanan Circuit Cotirt. — Hon. A. M. Woodson, Judge. (1) The right was expressly left in parol. No deed was made or promised, and defendant refused to make one, if the subject was mentioned. Cook’s right was a mere license revocable at will in the very nature of the case. Railroad v. Stock Yards, 120 Mo. 563; Pitsman v. Boyce, 111 Mo. 396; Ruhr v. Dean, 26 Mo. 116; Desloge v. Pearce, 38 Mo. 588; Allen v. Mansfield, 82 Mo. 695. (2) If the contract was uncertain, it can not be enforced in equity. (1) Injunction is the proper remedy to prevent the obstruction of a private way and…
1Opinion of the CourtBurgess, J.
This is an injunctive proceeding by plaintiffs against defendant to restrain him from obstructing a neighborhood road.
In 1885 and prior thereto, plaintiffs and defendant resided in the same neighborhood in Buchanan county, Missouri, and having no other means of egress from and ingress to his premises Cook claims to have purchased from the defendant Ferbert, to be used by himself and co-plaintiffs as a road or way of travel north and south, a strip of ground ten feet wide off of the west side of Ferbert’s land. The consideration to be paid for this strip or roadway, was the erection of a fence…
2Cases cited4 opinions
- McCann v. DayIllinois Supreme Court · 1870
- Genest v. L'Union St. JosephMassachusetts Supreme Judicial Court · 1886
- Devore v. EllisSupreme Court of Iowa · 1883
- Lakenan v. Hannibal & St. Joseph Railroad Co.Missouri Court of Appeals · 1889
3Cited by6 opinions
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Winslow v. SauerweinMissouri Court of Appeals · 1955
- Hubert v. MagidsonSupreme Court of Missouri · 1951
- Brier v. State Exchange Bank of MaconSupreme Court of Missouri · 1910
- Downing v. CorcoranMissouri Court of Appeals · 1905
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