Field v. Mark
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. C. W. Sloan, Special Judge. (1) There was no express grant on the right of way. The deed from Samuel Wilson to Caroline Mitchell described the ground by metes and bounds. A grant of land to or bounded by a street or alley, when there is none, where the strip is owned by the grantor, will give a right of way over the strip to the grantee. This we admit to be law.
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Appeal from Lafayette Circuit Court. — Hon. C. W. Sloan, Special Judge. (1) There was no express grant on the right of way. The deed from Samuel Wilson to Caroline Mitchell described the ground by metes and bounds. A grant of land to or bounded by a street or alley, when there is none, where the strip is owned by the grantor, will give a right of way over the strip to the grantee. This we admit to be law. Moses v. Bock Co., 84 Mo. 242; Carlin v. Paul, 11 Mo. 32; O’Linda v. Lothrop, 21 Pick. 292; Toby v. Taunton, 119 Mass. 404; Lewis v. Beatie, 105 Mass. 410; Bodge v. Railroad,’ 43 N. J. Eq.…
1Opinion of the CourtGantt, P. J.
Plaintiff, by his action, seeks to have removed certain alleged obstructions from parts of lot 1, block 45, first addition to Lexington, being a strip of five feet in width, extending from Laurel street west about forty feet, and also a strip about ten feet wide, extending from the alley through said block north about sixty feet, claiming that the said strips constitute private ways or alleys, and that the same had been obstructed by the defendants. The allegations of the petition are traversed by the answer, and absolute ownership of the parts of said lot claimed as alleys is alleged to be…
2Cases cited10 opinions
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Grant v. ChaseMassachusetts Supreme Judicial Court · 1821
- Heitz v. City of St. LouisSupreme Court of Missouri · 1892
- Brinck v. CollierSupreme Court of Missouri · 1874
- Landis v. HamiltonSupreme Court of Missouri · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Ex Rel. McGaughey v. GraystonSupreme Court of Missouri · 1942
- Anthony v. Kennard Building Co.Supreme Court of Missouri · 1905
- Sanford v. KernSupreme Court of Missouri · 1909
- Marshall v. CallahanMissouri Court of Appeals · 1950
- State Ex Rel. Dunlap v. HigbeeSupreme Court of Missouri · 1931
9 more not listed; retrieve them via the Exa API.