City of Hardin v. Cunningham
Supreme Court of Missouri
Appeal from Ray Circuit Court.-—Hon. Arch B. Davis, Judge. (1) The judgment of the trial court finding for plaintiff is erroneous in this, that the evidence fails to show that plaintiff had a legal title to the land in dispute. Without the legal title, plaintiff could not recover.
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Appeal from Ray Circuit Court.-—Hon. Arch B. Davis, Judge. (1) The judgment of the trial court finding for plaintiff is erroneous in this, that the evidence fails to show that plaintiff had a legal title to the land in dispute. Without the legal title, plaintiff could not recover. Chaput v. Pickle, 250 Mo. 578; Adkins v. Adams, 256 Mo. 2; Carter v. Masey, 239 Mo. 518; St. Louis v. Blast Furnace Co., 235 Mo. 27; Nalle v. Thompson, 173 Mo. 614; Martin v. Kitchen, 195 Mo. 487. (2) The fact that the City of Hardin, its officers and representatives stood by and permitted the railroad company and…
1Opinion of the CourtWilliamson, J.
The plaintiff, the City of Hardin, brought this suit against the defendant Cunningham, claiming, that it was entitled to the possession of a certain strip of land described as follows:
“ ... Lying between the right of way of the Wabash Railroad and Block Thirteen of the original town of said City of Hardin and more particularly described as follows: Beginning at the northeast corner of Lot Nine in Block One of Hughes’ Addittion to said City of Hardin, thence in a. northeasterly direction parallel with the no'rth line of a street called Main Street in said city to the west line of First Street…
2Cases cited3 opinions
- De Lashmutt v. TeetorSupreme Court of Missouri · 1914
- Thompson v. LindsaySupreme Court of Missouri · 1912
- City of Hardin v. FergusonSupreme Court of Missouri · 1917
3Cited by3 opinions
- Ginter v. City of Webster GrovesSupreme Court of Missouri · 1961
- Clark v. FergusonSupreme Court of Missouri · 1940
- Vette v. HackmanSupreme Court of Missouri · 1922