Legal Opinion

City of Laddonia v. Day

Supreme Court of Missouri

Decided June 1, 1915PublishedCited by 15 opinions

Appeal from Audrain Circuit Court. — lion. James D. Barnett, Judge. (1) The plat of Smith’s Addition, together with the description of the surveyor and the dedication of streets and alleys, duly acknowledged by J. P. Smith vested in Audrain county the fee simple title to the whole of Western avenue as located on the recorded plat.

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Appeal from Audrain Circuit Court. — lion. James D. Barnett, Judge. (1) The plat of Smith’s Addition, together with the description of the surveyor and the dedication of streets and alleys, duly acknowledged by J. P. Smith vested in Audrain county the fee simple title to the whole of Western avenue as located on the recorded plat. Sec. 10294, R. S. 1909- Sec. 6573, R. S. 1879; Brown v. City, 128 Mo. 17; Railroad v. Baker, 183 Mo. 322; Buschmann v. City, 121 Mo. 533; Hannibal v. Draper, 15 Mo. 634; Price v. Inhabitants, 77 Mo. 447. (2) The verdict is against the evidence. Western avenue,…

1Opinion of the CourtWoodson, J.

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This is an action of ejectment brought by the city of Laddonia against the defendant, for the possession of a certain strip of land, alleged to be a part of Western avenue, a public street in Smith’s Addition to said city, which will later be more particularly described.

The judgment was for the defendant, and the plaintiff appealed the case to the St. Louis Court of Appeals, and upon motion the case was .transferred to this court, because it involved the title to real estate within the meaning of the Constitution.

*386The following is a copy of description of said Smith’s Addition, formal parts…

2Cases cited24 opinions

  1. Heitz v. City of St. LouisSupreme Court of Missouri · 1892
  2. Rutherford v. TaylorSupreme Court of Missouri · 1866
  3. Downend v. Kansas CitySupreme Court of Missouri · 1900
  4. Buschmann v. LouisSupreme Court of Missouri · 1894
  5. Reid v. Board of EducationSupreme Court of Missouri · 1880

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3Cited by15 opinions

  1. Ollison v. Village of Climax SpringsSupreme Court of Missouri · 1996
  2. Byam v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
  3. Mothershead v. MilfeldSupreme Court of Missouri · 1951
  4. Terry v. City of IndependenceSupreme Court of Missouri · 1965
  5. Weakley v. State Highway CommissionSupreme Court of Missouri · 1963

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