Hannibal & St. Joseph Railroad v. Totman
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. William S. Herndon, Judge. (1) Under the statutes of this State a citizen can not acquire title to the right of way of a railroad company, by adverse possession. The statute provides that “nothing contained in any statute of limitation shall extend to any land given, granted, sequestered, or appropriated to any public, pious, or charitable use, or to any lands belonging to this State.”
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Appeal from Clinton Circuit Court. — Hon. William S. Herndon, Judge. (1) Under the statutes of this State a citizen can not acquire title to the right of way of a railroad company, by adverse possession. The statute provides that “nothing contained in any statute of limitation shall extend to any land given, granted, sequestered, or appropriated to any public, pious, or charitable use, or to any lands belonging to this State.” Sec. 6772, R. S. 1889. (2) The use made by a railroad company of its right of way, pursuant to the purposes of its incorporation, is a public use within the meaning of…
1Opinion of the CourtValliant, J.
This is an action of ejectment commenced November 30, 1894, to recover a small strip of land in the town of Cameron. The petition is in proper form and the defense is the statute of limitation.
The cause was submitted to the court upon an agreed statement of facts, from which it appears that in 1856 the plaintiff, a railroad company, owning and operating a railroad through that portion of the State, acquired title to a strip of land running through the town of Cameron for its right of way, depot and station grounds, and has had the *660same in its possession and in use in its general railroad…
2Cases cited6 opinions
- School Directors of St. Charles v. GoergesSupreme Court of Missouri · 1872
- Callaway County v. NolleySupreme Court of Missouri · 1861
- Mississippi County v. VowelsSupreme Court of Missouri · 1890
- State v. CulverSupreme Court of Missouri · 1877
- Welsh v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kansas City & Northern Connecting Railroad v. BakerSupreme Court of Missouri · 1904
- City of Laddonia v. DaySupreme Court of Missouri · 1915
- St. Louis-San Francisco Railway Co. v. DillardSupreme Court of Missouri · 1931
- St. Joseph, St. Louis & Santa Fe Railway Co. v. SmithSupreme Court of Missouri · 1902
- St. Louis-San Francisco Railway Co. v. KingSupreme Court of Missouri · 1932
7 more not listed; retrieve them via the Exa API.