Hannibal & St. Joseph Railroad v. Green
Supreme Court of Missouri
Appeal from, Caldwell Circuit Court. — Hon. E. J. Broaddus, Judge. Tbis was an action of ejectment for a parcel of land described in the petition, as follows: That part of the southwest quarter of section 13, township 57, range 28, situated and lying within the following boundaries in the town of Hamilton, as described on the plat of said town : beginning on the north line of the right of way of the Hannibal & St. Joseph Railroad where the same is intersected by Burrows…
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Appeal from, Caldwell Circuit Court. — Hon. E. J. Broaddus, Judge. Tbis was an action of ejectment for a parcel of land described in the petition, as follows: That part of the southwest quarter of section 13, township 57, range 28, situated and lying within the following boundaries in the town of Hamilton, as described on the plat of said town : beginning on the north line of the right of way of the Hannibal & St. Joseph Railroad where the same is intersected by Burrows street, thence north along said street fifty feet, thence westerly and parallel with said right of way 1,306 feet to the…
1Opinion of the CourtNorton, J.
*177 1 trustee: estoppel-
*176This is ejectment, and both parties look to the deed of E. M. Samuel as the common source of *177The Samuel deed was unquestionably sufficient to pass the title to Davis, who accepted the trust as the deed shows, and who entered upon his duties as trustee by making a plat of the town of Hamilton in 1855 or 1856, acknowledging and filing the samev for record, as the evidence shows. As defendant claims under a deed subsequently executed by Higgins, the successor of Davis in the trust, in which the plat made by Davis was recognized, he does not stand in an attitude to dispute…
2Cases cited8 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Draper v. ShootSupreme Court of Missouri · 1857
- Fenwick v. GillSupreme Court of Missouri · 1866
- Dolde v. VodickaSupreme Court of Missouri · 1871
- Evans v. GreeneSupreme Court of Missouri · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Osteen v. WynnSupreme Court of Georgia · 1908
- Schanewerk v. HoberechtSupreme Court of Missouri · 1893
- Reilly v. CullenSupreme Court of Missouri · 1900
- Shackelford v. OrrisSupreme Court of Georgia · 1907
- Graves v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1908