Legal Opinion

Morrill v. Wabash, St. Louis & Pacific Railway

Supreme Court of Missouri

Decided October 15, 1888PublishedCited by 24 opinions

Appeal from St. Louis City Circuit Court. — Hon. 6r. W. Lubke, Judge. ■ (1) Article 2 of the corporation law is a part of the charter of the St. Lonis County Railroad, as much so, in fact, as if all its provisions were incorporated in its articles of association. 1 Wag.

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Appeal from St. Louis City Circuit Court. — Hon. 6r. W. Lubke, Judge. ■ (1) Article 2 of the corporation law is a part of the charter of the St. Lonis County Railroad, as much so, in fact, as if all its provisions were incorporated in its articles of association. 1 Wag. Stat., sec. 1, p. 296 ; R. S. 1879, secs. 764, 824. (2) The alleged consent and acquiescence of Robert Forsyth, and plaintiffs, after his death, in the possession of the St. - Louis County Railroad, and the work done by it and defendant is no estoppel. (3) The deed of Robert Forsyth was a grant, on condition to be subsequently…

1Opinion of the CourtBlack, J.

The plaintiffs, who are the heirs and devisees of Robert Forsyth, brought this action of ejectment to recover possession of a strip of land from thirty to forty feet in width extending from Union avenue to Forsyth Junction, in the city of St. Louis, a distance of about thirty-five hundred feet. The agreed facts are in substance these: On the seventeenth of November, 1871, Robert Forsyth conveyed the strip of land in question, it being a part of a large tract, to the St. Louis County Railroad Company for a right of way. This corporation was organized August 25, 1871, under the general laws of…

2Cases cited2 opinions

  1. McCoy v. FarmerSupreme Court of Missouri · 1877
  2. Powell v. North Missouri RailroadSupreme Court of Missouri · 1867

3Cited by24 opinions

  1. State Ex Rel. State Highway Commission v. GriffithSupreme Court of Missouri · 1938
  2. Haydon v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
  3. Studdard v. WellsSupreme Court of Missouri · 1894
  4. Catron v. Scarritt Collegiate InstituteSupreme Court of Missouri · 1915
  5. Chouteau v. City of St. LouisSupreme Court of Missouri · 1932

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