Guitar v. St. Clair
Supreme Court of Missouri
Appeal from Boone Circuit Court.—if on. Nat M. Shelton, Special Judge. (1) Mrs. Dysart could only lay out an addition to the city of Columbia to the ground owned by her. The statute expressly provides that the plat shall describe the lots by numbers “and their precise length and width.” She did not own the twenty feet as shown on the west side of the plat. The plat itself shows that the twenty feet is beyond her boundary.
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Appeal from Boone Circuit Court.—if on. Nat M. Shelton, Special Judge. (1) Mrs. Dysart could only lay out an addition to the city of Columbia to the ground owned by her. The statute expressly provides that the plat shall describe the lots by numbers “and their precise length and width.” She did not own the twenty feet as shown on the west side of the plat. The plat itself shows that the twenty feet is beyond her boundary. Defendant is not in possession of any part of said twenty feet. (2) The plat is, in legal effect under the statute, a conveyance to the city of Columbia of the ground marked…
1Opinion of the CourtValliant, J.
This is a suit in equity, the purpose of which is to require the defendant to remove a fence which the plaintiffs say intrudes into a public street on which their property abuts and in which they are especially interested. Defendant contends that the fence is on his own property, not in the street.
There is no dispute about the facts. Mrs. Dysart owned ten acres in the corporate limits of the city of Columbia, being northwest quarter of the southwest quarter of the northeast quarter of section 12, township 48, range 13. The land lay in a parallelogram, its east line being the west line of…
2Cited by5 opinions
- Terry v. City of IndependenceSupreme Court of Missouri · 1965
- State Ex Rel. County of Mississippi v. StallingsSupreme Court of Missouri · 1968
- Johnson v. Buffalo School District No. 1Supreme Court of Missouri · 1950
- City of Marshfield v. HaggardMissouri Court of Appeals · 1957
- Goad v. BennettMissouri Court of Appeals · 1972