Legal Opinion

Bailey v. Culver

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 12 opinions

Appeal from St. Louis Oourt of Appeals. The following is the plat referred to in the opinion of the court: (1) The acts of Peter Lindell with reference to the-strip of ground, did not amount to a dedication thereof as an alley to public use.

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Appeal from St. Louis Oourt of Appeals. The following is the plat referred to in the opinion of the court: (1) The acts of Peter Lindell with reference to the-strip of ground, did not amount to a dedication thereof as an alley to public use. Landis v. Hamilton, 77 Mo.. 554, p. 561; Brinde v. Collier, 56 Mo. 160, pp. 164r-165 ; Irwin v. Dixion, 9 How. 10, pp. 30-31. (2) The declaration regarding this alley by the commissioners in partition in their report, does not amount to a dedication of the ground to public use. Washburn on Easements. (3 Ed), top pp. 181, 241; Carlin v. Paul, 11 Mo. 32 ;…

1Opinion of the CourtSherwood, J.

This is an equitable proceeding, having for its object the removal of a large and costly brick and stone structure, five stories high, which was erected on the corner of Eighth and St. Charles streets, .-and of the former street and Washington avenue, over a portion of an alley (about eighty-six feet in length), running through block one hundred and sixty-four in the -city of St. Louis. The cost of the building was $155,000. *540By ordinance dnly passed, the route of the old alley was Changed as marked in the plat which accompanies this opinion, and was deflected so as to enter St. Charles,…

2Cases cited6 opinions

  1. Kimball v. City of KenoshaWisconsin Supreme Court · 1856
  2. Van Bergen v. Van BergenNew York Court of Chancery · 1818
  3. Kinealy v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1879
  4. Fox v. HolcombMichigan Supreme Court · 1875
  5. Rankin v. CharlessSupreme Court of Missouri · 1854

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Tanner v. Lindell Railway Co.Supreme Court of Missouri · 1904
  2. Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
  3. City of St. Louis v. Laclede Gas Light Co.Supreme Court of Missouri · 1900
  4. Lemon v. LemonSupreme Court of Missouri · 1918
  5. Bernero v. McFarland Real Estate Co.Missouri Court of Appeals · 1908

7 more not listed; retrieve them via the Exa API.

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