Cox v. Tipton
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, J. Statement of case by the court. On November 6, 1882, plaintiff filed in the county court of Audrain county, Missouri, the following petition, to-wit: ‘ ‘ To the County Court of Atoclrain county, State of Missouri : “Thomas C. Cox states that he is an inhabitant oí Audrain county, state of Missouri.
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, J. Statement of case by the court. On November 6, 1882, plaintiff filed in the county court of Audrain county, Missouri, the following petition, to-wit: ‘ ‘ To the County Court of Atoclrain county, State of Missouri : “Thomas C. Cox states that he is an inhabitant oí Audrain county, state of Missouri. That he owns a tract of land in said county, to-wit: The west half oí the northeast quarter of section 34, township 51, range 5, west, upon which he resides with his family at this time, and that no public road passes over or touches said…
1Opinion of the Court
Opinion by
Hail, J.
1. The first point made by defendant is- that the petition fails to allege facts sufficient to entitle plaintiff to the relief prayed for therein. The petition is sufficient. It affirmatively alleges that the “road prayed for is of great necessity.” The petition is not open to the objection made and held good by the court in the case of Colville v. Judy (73 Mo. 651).
2. This proceeding is a proceeding in inmtum “against common law and common right,” and must be strictly construed. Colville v. Judy, supra. By "way of necessity” is meant, not a way of convenience, but a way of…
2Cases cited1 opinion
- Colville v. JudySupreme Court of Missouri · 1881
3Cited by14 opinions
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- Crystal Park Co. v. MortonColorado Court of Appeals · 1915
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