Scarritt v. Kansas City, Osceola & Southern Railway Co.
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. J. IT. Slover, Judge. (1) The demurrer of appellant ought to have been sustained. There can be no abandonment without an intention so to do, and there is not a scintilla of evidence in the record tending to show an intention on the part of the appellant to abandon the premises.
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Appeal from Jaclcson Circuit Court. — Hon. J. IT. Slover, Judge. (1) The demurrer of appellant ought to have been sustained. There can be no abandonment without an intention so to do, and there is not a scintilla of evidence in the record tending to show an intention on the part of the appellant to abandon the premises. Hickman v. Link, 116 Mo. 127; State v. Young, 27 Mo. 259; State v. Oolver, 65 Mo. 609; Roanoke v. Railroad, 108 Mo. 50; Dnrfee v. Railroad, 140 Ill. 435; Barlow v. Railroad, 29 la. 276; Columbus v. Railroad, 37 Ind. 294; Tiedeman, Real Prop., sec. 605. (2) The demurrer ought…
1Opinion of the CourtSherwood, J.
Ejectment for a strip of ground of about an acre in extent in Kansas City, Missouri. This cause has been here before, and is reported in 127 Mo. 298; that is to say ejectment was brought by plaintiffs’ testator against defendant’s predecessor, the Kansas City & Southern Railway Company. In that case the then defendant pleaded estoppel in consequence of the acquiescence of Searritt, plaintiffs’ testator’, in the construction and operation of this defendant’s road over his land and by his acquiescence in such *681defendant using and occupying for tbe purposes of its road, Ms land, and by its…
2Cases cited2 opinions
- Roanoke Investment Co. v. Kansas City & Southeastern Railway Co.Supreme Court of Missouri · 1891
- Scarritt v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1895
3Cited by6 opinions
- Eureka Real Estate & Investment Co. v. Southern Real Estate & Financial Co.Supreme Court of Missouri · 1947
- Hannibal & St. Joseph Railroad v. FroweinSupreme Court of Missouri · 1901
- Summers v. Atchison, T. & S. F. Ry. Co.District Court, E.D. Missouri · 1924
- Harrison v. State Highways & Transportation CommissionMissouri Court of Appeals · 1987
- Maupin v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
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