Masterson v. West End Narrow-Gauge Railroad
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. cited: Merrity'v. Railroad Oo., 12 Barb. 605; Walker v. Railroad Oo., 57 Mo. 275; Evans v. Railroad Oo., 64 Mo. 453. Possession being taken of ground for a railroad under a verbal permission from the owner makes the dedication complete. — Wag.
Read the full summary
Appeal from St. Louis Circuit Court. cited: Merrity'v. Railroad Oo., 12 Barb. 605; Walker v. Railroad Oo., 57 Mo. 275; Evans v. Railroad Oo., 64 Mo. 453. Possession being taken of ground for a railroad under a verbal permission from the owner makes the dedication complete. — Wag. Stat. 326, sec. 1. The right taken by the railroad in the land is an easement. —Kellogg v. Molin, 50 Mo. 496. And may be given verbally. — Seifert v. Withington, 63 Mo. 577. Possession being sufficient to consummate dedication, no notice is necessary, every one being presumed to have notice of a highway. — Patterson…
1Opinion of the CourtHayden, J.
This is an action of ejectment to recover a strip of land occupied, at the time the suit was brought, by the respondent as a road-bed for its railroad. Both parties claimed title under William T. Gay. The plaintiff read a deed of trust dated May 27, 1874, and recorded May 29, 1874, to himself from Gay, executed to secure a note for $29,000, payable in five years, and to secure ten semi-annual interest-notes. This deed included the land in dispute, and by sale under the power in it, the trustee’s deed being dated June 8, 1875, and recorded the next day, the plaintiff acquired his title. The…
2Cases cited13 opinions
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Beatie v. ButlerSupreme Court of Missouri · 1855
- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Speck v. RigginSupreme Court of Missouri · 1867
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Parker v. Fort Worth & Denver City Railway Co.Texas Supreme Court · 1892
- Shewalter v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1900
- Hill v. TissierMissouri Court of Appeals · 1884
- Sanford Sachtleben and Luciann Hruza v. Alliant National Title Insurance Co.Missouri Court of Appeals · 2023