Nelson v. Nelson
Missouri Court of Appeals
Avpeal from, the Montgomery Circuit Court. — Hon. W. H. Biggs, Special Judge. (1) Plaintiff acquired a right to the roadway by prescription. He had had the uninterrupted use thereof for more than ten years — the statutory period. House v. Montgomery, 19 Mo. App. 170 ; Folly r. McCall, 30 Ala. 20, 29 ; Ricord v. Williams, 7 Wheat. 110 ; Wash.
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Avpeal from, the Montgomery Circuit Court. — Hon. W. H. Biggs, Special Judge. (1) Plaintiff acquired a right to the roadway by prescription. He had had the uninterrupted use thereof for more than ten years — the statutory period. House v. Montgomery, 19 Mo. App. 170 ; Folly r. McCall, 30 Ala. 20, 29 ; Ricord v. Williams, 7 Wheat. 110 ; Wash. Easements, 27, 28; Ward v. Warner, 82 N. Y. 265. (2) The plaintiff’s user of the exact strip of land in controversy began as early as the spring of 1877, probably 1876, and continued down to March, 1888. During this period such user was known to…
1Opinion of the CourtSmith, P. J.
This is an action to restrain the closing of a roadway claimed by plaintiff, across the land of defendants, by necessity and by prescription. The defendants by their answer denied that plaintiff had any right to the roadway, and claimed that its use by the plaintiff was merely by parol license revocable at will; that, if there was any necessity for a road, it closed in 1883, when plaintiff purchased land adjoining him on the south, acquiring in that free access to a public road *133over his own premises. It appears from the evidence that one Thomas Nelson owned a large body of land which he…
2Cases cited6 opinions
- Fuhr v. DeanSupreme Court of Missouri · 1857
- Allen v. MansfieldSupreme Court of Missouri · 1884
- House v. MontgomeryMissouri Court of Appeals · 1885
- State ex rel. Conklin v. BaradaSupreme Court of Missouri · 1874
- Budd v. CollinsSupreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Scheller v. Pierce CountyWashington Supreme Court · 1909
- State Ex Rel. State Highway Commission v. Union Electric Co.Supreme Court of Missouri · 1941
- Hurt v. AdamsMissouri Court of Appeals · 1900
- Ann Arbor Fruit & Vinegar Co. v. Ann Arbor RailroadMichigan Supreme Court · 1904
- Roberts v. HerryfordMissouri Court of Appeals · 1893