Legal Opinion

City of Caruthersville v. Huffman

Supreme Court of Missouri

Decided December 2, 1914PublishedCited by 19 opinions

Appeal from Pemiscot Circuit Court — No». Henry G. Riley, Judge. (1) The dedication was in substantial compliance with the statute and is a good statutory dedication.

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Appeal from Pemiscot Circuit Court — No». Henry G. Riley, Judge. (1) The dedication was in substantial compliance with the statute and is a good statutory dedication. Buschmann v. St. Louis, 121 Mo. 523; Price v. Breckenridge, 77 Mo. 447; Reid v. Board, 73 Mo. 295; Otter-ville v. Bente, 240 Mo. 291. (2) (a) But if we concede that the plat was insufficient as a statutory dedication, it was good as a common-law dedication when accepted by the city by opening and improving the streets as platted. Rose v. St. Charles, 49 Mo. 509; Heitz v. St. Louis, 110 Mo. 618; Naylor v. Harrisonville, 207 Mo.…

1Opinion of the Court

BROWN, C.

Ejectment to recover a.tract of land in the city of Caruthersville in said county, twenty feet wide and one hundred feet long, on the ground that it is dedicated to public use as an alley. A jury was waived.

There was no substantial dispute as to the facts. While it is not clearly shown in the evidence it seems to be assumed in argument that on March 22, 1895, the land included'in “Ward’s First Addition of Ca-' ruthersville ” was within the city limits. On that day the plat was filed, consisting of two tiers of blocks extending in a northerly and southerly direction, five blocks in…

2Cases cited4 opinions

  1. Heitz v. City of St. LouisSupreme Court of Missouri · 1892
  2. Robinson v. KornsSupreme Court of Missouri · 1913
  3. Buschmann v. LouisSupreme Court of Missouri · 1894
  4. Town of Otterville v. BenteSupreme Court of Missouri · 1912

3Cited by19 opinions

  1. Cantrell v. City of CaruthersvilleSupreme Court of Missouri · 1949
  2. Marks v. Bettendorf's, Inc.Missouri Court of Appeals · 1960
  3. City of St. Charles v. De SherliaMissouri Court of Appeals · 1957
  4. City of Caruthersville v. CantrellMissouri Court of Appeals · 1950
  5. Johnson v. FergusonSupreme Court of Missouri · 1931

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