City of Hardin v. Ferguson
Supreme Court of Missouri
Appeal from Ray Circuit Court. — Hon. F. P. Divelbiss, Judge. • (1) The city, not having been organized at the time the plat was filed, and there being nothing indicative on the plat of the purpose for which it was left, it was error for the court to treat such land as having been dedicated. The persons reserving the land conic] do with that as they saw fit.
Read the full summary
Appeal from Ray Circuit Court. — Hon. F. P. Divelbiss, Judge. • (1) The city, not having been organized at the time the plat was filed, and there being nothing indicative on the plat of the purpose for which it was left, it was error for the court to treat such land as having been dedicated. The persons reserving the land conic] do with that as they saw fit. (2) The city did not acquire the strip of ground south of its roadway running east and west in front of blocks 12 .and 13, and north of the railroad right of way, by adverse possession. It has never been fenced, except a portion of that…
1Opinion of the CourtBond, J.
I. Plaintiff, the city of Hardin, sets up title to a certain strip of land about one hundred and fifty feet wide, lying between the Wabash Railroad *413tracks and lots 8, 9, 10, 11, 12 and 13 of the original town of Hardin.
Yarions persons were joined as parties defendant, but on disclaiming any interést the suit was dismissed as to all but Lafayette Ferguson and J. W. Cunningham, who claim title and possession to that part of the strip lying south of lots 12 and 13.
The evidence shows that the title emanated through original grant from the United States and that all deeds introduced, both by the…
2Cases cited4 opinions
- Heitz v. City of St. LouisSupreme Court of Missouri · 1892
- City of St. Louis v. GormanSupreme Court of Missouri · 1860
- Rose v. City of St. CharlesSupreme Court of Missouri · 1872
- Williams v. City of St. LouisSupreme Court of Missouri · 1894
3Cited by4 opinions
- Terry v. City of IndependenceSupreme Court of Missouri · 1965
- State ex rel. State Highway Commission v. Public Water Supply District No. 2Missouri Court of Appeals · 1977
- City of California v. BurkeSupreme Court of Missouri · 1922
- City of Hardin v. CunninghamSupreme Court of Missouri · 1920