Clark v. McAtee
Supreme Court of Missouri
Appeal from Knox Circuit Court. — lion. Charles I). Stewart} Judge. The court should have peremptorily instructed the jury to return a verdict for the defendants.
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Appeal from Knox Circuit Court. — lion. Charles I). Stewart} Judge. The court should have peremptorily instructed the jury to return a verdict for the defendants. Section 10188, R. S. 1899, provides that in surveying town lots the surveyor shall give the distances to the points or lines from which he established the lines of the lots, and shall perpetuate the same by measuring the distances to houses standing in the immediate vicinity, or by prolonging the lines to the curbstone and cutting notches therein. This the surveyor entirely failed to do, hence the survey was a nullity and there was…
1Opinion of the CourtWoodson, J.
This is a suit in ejectment for the recovery of eight feet of ground off of the entire south side of lot four, and ten feet off of the entire south side of lot eight, in block four, in the original town, now city, of Edina, Knox county, Missouri. A trial was had in the circuit court of Knox county, which resulted in a judgment for the plaintiff ; and, after moving unsuccessfully for a new trial and in arrest of judgment, defendants duly appealed the cause to this court.
The petition, in substance, stated that on July 7, 1904 and at all times thereafter, plaintiff was the owner of and entitled…
2Cases cited5 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Sotebier v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Stumpe v. KoppSupreme Court of Missouri · 1907
- Hopper v. HickmanSupreme Court of Missouri · 1898
- Johnson v. City of BoonvilleMissouri Court of Appeals · 1900
3Cited by17 opinions
- Ashley v. WilliamsSupreme Court of Missouri · 1955
- Landers v. ThompsonSupreme Court of Missouri · 1947
- Grimes v. ArmstrongSupreme Court of Missouri · 1957
- City of Laddonia v. DaySupreme Court of Missouri · 1915
- Jones v. EatonSupreme Court of Missouri · 1925
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