Geismann v. Trish
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Matt. G. Reynolds, Judge. (1) The-four essential facts for the plaintiffs to prove in ordér to sustain their claim to an easement by prescription are, first: User for the prescribed period; second, that the user was adverse; third, that it was under a claim of right; and fourth, notice to the owner of the user and of its character and the claim of right.
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Appeal from St. Louis City Circuit Court. — Eon. Matt. G. Reynolds, Judge. (1) The-four essential facts for the plaintiffs to prove in ordér to sustain their claim to an easement by prescription are, first: User for the prescribed period; second, that the user was adverse; third, that it was under a claim of right; and fourth, notice to the owner of the user and of its character and the claim of right. Anthony v. Building Co., 188 Mo. 704. (2) If the subject of the grant cannot be ascertained by its description, the grant becomes void from the necessity of the ease. 3 Washburn, sec. 2289;…
1Opinion of the CourtCray, J.
This is an action in equity, brought by the plaintiffs in the circuit court of the city of St. Louis, to enjoin and restrain the defendants from obstructing and interfering with the lawful right of plaintiffs to the use of an alley in that city. The trial court rendered judgment in favor of the plaintiffs, and from that judgment the defendants appealed to the Supreme Court. The appeal was allowed to the Supreme Court on the- theory that the title to real estate is involved. On motion of the respondents, the Supreme Court transferred the cause to the St. Louis Court of Appeals, and that court,…
2Cases cited1 opinion
- Power v. DeanMissouri Court of Appeals · 1905