Kansas City & Southeastern Railway Co. v. Kansas City & Southwestern Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. (1) The evidence in this case fails to show title in the plaintiff to the strip of ground in controversy. (2) The defendant’s road had been constructed and in operation more than two years before the time when plaintiff company undertook to cross. A court of equity will not try the question of title between two claimants to real estate nor will it oust one and put the other in possession. 1 Am. & Eng.
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Appeal from Jackson Circuit Court. (1) The evidence in this case fails to show title in the plaintiff to the strip of ground in controversy. (2) The defendant’s road had been constructed and in operation more than two years before the time when plaintiff company undertook to cross. A court of equity will not try the question of title between two claimants to real estate nor will it oust one and put the other in possession. 1 Am. & Eng. R. R. Cases, page 12; People v. Simondson, 10 Mich. 335. (3) The Kansas City, Memphis & Mobile Railroad not having been finished and put in operation within…
1Opinion of the CourtGantt, P. J.
This is an appeal from a decree of perpetual injunction, granted by the circuit court of Jackson county, forever restraining the Kansas City & Southwestern Eailway company and the Missouri Pacific Eailway Company, which operates said Southwestern Company, from disturbing the plaintiff, the Kansas City & Southeastern Eailway Company in its possession of its right of way over the northwest quarter of the northwest quarter of section twenty-two (22), township 48, range 33, in Jackson county, Missouri.
In 1873 the Kansas City, Memphis & Mobile Eailroad Company surveyed and located its route to…
2Cases cited5 opinions
- Railway Co. v. AllingSupreme Court of the United States · 1879
- Roanoke Investment Co. v. Kansas City & Southeastern Railway Co.Supreme Court of Missouri · 1891
- Atlantic & Pacific R. R. v. City of St. LouisSupreme Court of Missouri · 1877
- Ex Parte Railway Co.Supreme Court of the United States · 1880
- C., R. I. & P. R. Co. v. GrinnellSupreme Court of Iowa · 1879
3Cited by13 opinions
- Hatcher v. HallMissouri Court of Appeals · 1956
- Street R. R. v. . R. R.Supreme Court of North Carolina · 1906
- Fayetteville Street Railway v. RailroadSupreme Court of North Carolina · 1906
- Schenck v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Ohio Court of Appeals · 1919
- Baskowitz v. GuthrieMissouri Court of Appeals · 1903
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