Dodd v. St. Louis & Hannibal Railway Co.
Supreme Court of Missouri
Appeal from Ralls Circuit Court. — Hon. T. H. Bacon, Judge. (1) The court committed manifest error in giving-instruction, numbered 1, of its own motion in behalf of respondent. Appellant Dodd could neither object nor acquiesce in the entry on the land, or the building of the-railroad, nor could he interfere with respondent’s possession until the expiration of the life-estate of his mother, Maria Dodd.
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Appeal from Ralls Circuit Court. — Hon. T. H. Bacon, Judge. (1) The court committed manifest error in giving-instruction, numbered 1, of its own motion in behalf of respondent. Appellant Dodd could neither object nor acquiesce in the entry on the land, or the building of the-railroad, nor could he interfere with respondent’s possession until the expiration of the life-estate of his mother, Maria Dodd. Bradley v. Railroad, 91 Mo. 500 ; Raume v. Chambers, 22 Mo. 36; Miller v. Bledsoe, 61 Mo. 96 ; Roberts v. Nelson, 87 Mo. 229. No rights or cause-of action accrued to plaintiff until his mother’s…
1Opinion of the CourtThomas, J.
This is an action of ejectment for the recovery of a strip of land, one hundred feet wide, *584through the west half of the southeast quarter and east part of the northwest quarter of section 19, township 46, range 4, west, occupied by defendant for its railroad. Stephen Dodd owned this land at the time of his death in 1836, and it was in 1840 set off to his widow for her dower. The widow occupied it till her death, which occurred in 1886. Plaintiff was one of the children of Stephen Dodd, and after the death of said widow this land was 'set off to him in a partition proceeding between him and…
2Cases cited4 opinions
- Bradley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Kanaga v. St. Louis, Lawrence & Western RailroadSupreme Court of Missouri · 1882
- Ripka v. SergeantSupreme Court of Pennsylvania · 1844
- Walker v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
3Cited by8 opinions
- Kakeldy v. Columbia & Puget Sound Railroad Co.Washington Supreme Court · 1905
- Brusha Et Ux. v. Board of Education of Oklahoma CitySupreme Court of Oklahoma · 1913
- Miocene Ditch Co. v. JacobsenCourt of Appeals for the Ninth Circuit · 1906
- Delmo, Inc. v. Maxima Electrical Sales, Inc.Missouri Court of Appeals · 1994
- Maupin v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
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