Legal Opinion

St. Joseph, St. Louis & Santa Fe Railway Co. v. Smith

Supreme Court of Missouri

Decided November 26, 1902PublishedCited by 11 opinions

Appeal from Clinton Circuit Court. — Hon. Wm. 8. Herndon, Judge. (1) Tire court erred in holding that the defendant had acquired title as against the railway company by adverse possession. R. S. 1899, sec. 4270; Railroad v. Totman, 149 Mo. 657; Slocumb v. Railroad, 57 la. 675; Railroad v. French, 43 S. W. 771; Pox v. Hart, 11 Ohio 414; Smyles v. Hastings, 22 N. Y. 217. (2) The deeds introduced in evidence show record title in plaintiff.

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Appeal from Clinton Circuit Court. — Hon. Wm. 8. Herndon, Judge. (1) Tire court erred in holding that the defendant had acquired title as against the railway company by adverse possession. R. S. 1899, sec. 4270; Railroad v. Totman, 149 Mo. 657; Slocumb v. Railroad, 57 la. 675; Railroad v. French, 43 S. W. 771; Pox v. Hart, 11 Ohio 414; Smyles v. Hastings, 22 N. Y. 217. (2) The deeds introduced in evidence show record title in plaintiff. Railroad v. Railroad, 108 Mo. 298; Central Trust Co. v. Kneeland, 138 U. S. 414; Dunham v. Railroad, 1 Wall. 254; Pennock v. Coe, 23 How. 117; Shoe Co. v.…

1Opinion of the CourtMarshall, J.

This is an action in ejectment for a certain parcel of land in the town of Gower, in Clinton county, Missouri, described in the petition as follows: “Beginning 30 feet north of the northwest corner of lot 12, in block 14, in the town of Gower, in said county and State; thence north 71 feet to an old fence; tbence eastwardly along said fence 185 feet to stoclcyards fence, thence south 91 feet to a point 30 feet north of block 14 in said town of Gower; thence west 178 feet to place of beginning.” The suit was begun on April 2, 1898. The petition is in the usual *329form, and the answer is a general…

2Cases cited6 opinions

  1. Pennock v. CoeSupreme Court of the United States · 1860
  2. Central Trust Co. v. KneelandSupreme Court of the United States · 1891
  3. Dunham v. Cincinnati, P., & CR Co.Supreme Court of the United States · 1864
  4. Slocumb v. C., B. & Q. R.Supreme Court of Iowa · 1882
  5. Hannibal & St. Joseph Railroad v. TotmanSupreme Court of Missouri · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Guaranty Trust Co. of New York v. Minneapolis & St. LR Co.Court of Appeals for the Eighth Circuit · 1929
  2. Missouri-Kansas-Texas Railroad Company v. FreerMissouri Court of Appeals · 1959
  3. Kansas City & Northern Connecting Railroad v. BakerSupreme Court of Missouri · 1904
  4. City of Laddonia v. DaySupreme Court of Missouri · 1915
  5. St. Louis-San Francisco Railway Co. v. DillardSupreme Court of Missouri · 1931

6 more not listed; retrieve them via the Exa API.

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