State v. Hood
Missouri Court of Appeals
Appeal from Greene Criminal Court. — Eon. A. W. Lincoln, Judge. (1) Instruction number one should ha.ve been refused, because it fails to instruct the jury “that ten years adverse occupancy and use of a road by the public will be sufficient, if acquiesced in by the owner, to vest in the public an easement in the road and cause it to become a public highway.” State v. Wells, 70 Mo. 635; State v. Walters, 69 Mo. 463; State v. Baldridge, 53 Mo.
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Appeal from Greene Criminal Court. — Eon. A. W. Lincoln, Judge. (1) Instruction number one should ha.ve been refused, because it fails to instruct the jury “that ten years adverse occupancy and use of a road by the public will be sufficient, if acquiesced in by the owner, to vest in the public an easement in the road and cause it to become a public highway.” State v. Wells, 70 Mo. 635; State v. Walters, 69 Mo. 463; State v. Baldridge, 53 Mo. App. 415; State v. Culver, 65 Mo. 607; State v. Bishop, 22 M'o. App. 435--; Bauman y. Boeckeler, 119 Mo. 189; Elliott on Streets and Roads (Ed. 1890),…
1Opinion of the CourtNixon, P. J.
I. As we have stated, this case was tried upon the theory that the public highway which the defendant is charged to have obstructed had been dedicated by public user prior to such obstruction.
In cases where it is sought to establish a dedication by user, it being an exceptional and peculiar mode of passing title to interests in land, the proof must usually be strict, cogent and convincing and the acts proved must not be consistent with any construction other than that of a dedication. In criminal prosecutions for obstructing public highways in .which dedication is sought to be .proved, such…
2Cases cited6 opinions
- State v. WaltersSupreme Court of Missouri · 1879
- Field v. MarkSupreme Court of Missouri · 1894
- Bauman v. BoeckelerSupreme Court of Missouri · 1893
- Bowman v. LeeSupreme Court of Missouri · 1871
- Rosenberger v. MillerMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Anson v. TietzeSupreme Court of Missouri · 1945
- City of Caruthersville v. CantrellMissouri Court of Appeals · 1950
- Gore v. BlanchardSupreme Court of Vermont · 1922
- Kelsey v. City of ShrewsburySupreme Court of Missouri · 1934
- McIntosh v. City of JoplinMissouri Court of Appeals · 1972
3 more not listed; retrieve them via the Exa API.