Carter v. Foster
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Charles L. Dobson, Judge. (1) While it is true, as a matter of fact, that no part of the real estate is mentioned in the ordinance cited in the statement of facts,, yet the ordinance was passed in terms taking and appropriating to public use, for the opening of saidTwenty-third street,the real estate described in petition and sought to be recovered in this action. The real estate was appropriated, and in law potentially taken.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Charles L. Dobson, Judge. (1) While it is true, as a matter of fact, that no part of the real estate is mentioned in the ordinance cited in the statement of facts,, yet the ordinance was passed in terms taking and appropriating to public use, for the opening of saidTwenty-third street,the real estate described in petition and sought to be recovered in this action. The real estate was appropriated, and in law potentially taken. Art. VII, Kansas City Charter, secs. 1 to 5. (2) The exception made in the deed of trust was sufficient to retain the title to…
1Opinion of the CourtRobinson, J.
This is an action of ejectment instituted in the Jackson county circuit court, to recover a strip of land thirty feet wide from north to south, and *387one hundred and forty-four feet long from east to west, fronting thirty feet on the west side of Holmes street. This thirty foot strip is the north portion of a larger strip fronting seventy-six feet on the west side of Holmes street in Kansas City. The suit was originally begun against the defendant Foster alone, J. C. Havemeyer being, on his application, made party defendant. The petition is in the usual form, alleging ouster on December 9,1894.…
2Cases cited11 opinions
- Brown v. SpilmanSupreme Court of the United States · 1895
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Blackman v. . StrikerNew York Court of Appeals · 1894
- Belcher Sugar Refining Co. v. St. Louis Grain Elevator Co.Supreme Court of Missouri · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Stotzenberger v. PerkinsSupreme Court of Missouri · 1933
- Laclede Construction Co. V. T. J. Moss Tie Co.Supreme Court of Missouri · 1904
- Warne v. SorgeSupreme Court of Missouri · 1914
- Cravens v. JollyMissouri Court of Appeals · 1981
- Grooms v. MorrisonSupreme Court of Missouri · 1913
8 more not listed; retrieve them via the Exa API.