Rosenberger v. Wabash Railroad
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — How. Elliott M. Hughes, Judge. (1) The defendant, as the successor in title to the North Missouri Railroad Company, was, when this suit was brought, lawfully in possession of the entire strip of land conveyed to it by Diggs in 1856. R. S. 1899, sec. 3321; R. S. 1899, sec. 3349; Hargis v. Railway, 100 Mo. 210. (2) The statute of limitations can not be here'invoked as a bar to the defendant’s possession, because the land was conveyed to…
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Appeal from Montgomery Circuit Court. — How. Elliott M. Hughes, Judge. (1) The defendant, as the successor in title to the North Missouri Railroad Company, was, when this suit was brought, lawfully in possession of the entire strip of land conveyed to it by Diggs in 1856. R. S. 1899, sec. 3321; R. S. 1899, sec. 3349; Hargis v. Railway, 100 Mo. 210. (2) The statute of limitations can not be here'invoked as a bar to the defendant’s possession, because the land was conveyed to it for a pub-lie use. R. S. 1899, sec. 4270;- State v. Warner, 51 Mo. App. 174; Williams v. St. Louis, 120 Mo. 403;…
1Opinion of the CourtBarclay, J.
This is a statutory action of unlawful detainer begun by plaintiff before a justice of the peace in Montgomery county,'Missouri, to recover possession of a strip of land near the main line of the defendant’s railway track in that county. The piece of land whose possession is in controversy is within the limits of a strip 150 feet wide, duly conveyed to the North Missouri Railroad Company for railroad purposes by John F. Diggs and wife, in 1856. The *506railroad now operated by defendant was 'constructed shortly afterwards across the aforesaid strip, and a fence was erected which ran parallel with…
2Cases cited11 opinions
- Grandy v. CaseySupreme Court of Missouri · 1887
- Rutherford v. TracySupreme Court of Missouri · 1871
- Mitchner v. HolmesSupreme Court of Missouri · 1893
- Cooley v. WarrenSupreme Court of Missouri · 1873
- Fenwick v. GillSupreme Court of Missouri · 1866
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Snadon v. GayerMissouri Court of Appeals · 1978
- Boxley v. EasterSupreme Court of Missouri · 1959
- Co-Operative Building Bank v. HawkinsSupreme Court of Rhode Island · 1909
- Brown v. ChaneySupreme Court of Missouri · 1914
- Redman v. PerkinsMissouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.