Roanoke Investment Co. v. Kansas City & Southeastern Railway Co.
Supreme Court of Missouri
sexton Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) If an easement is visible, purchaser takes subject tr it. Zell v. Unvoer sadist Soc., 119 Pa. 402. The right'of way in controversy was either fill or - cut. The work had been completed. Plaintiff gave nothing for the strip; knew of it, recognized it and contracted in reference to it. It seeks to contest defendant company’s right in it, not at law, but by an injunction. This cannot be done.
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sexton Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) If an easement is visible, purchaser takes subject tr it. Zell v. Unvoer sadist Soc., 119 Pa. 402. The right'of way in controversy was either fill or - cut. The work had been completed. Plaintiff gave nothing for the strip; knew of it, recognized it and contracted in reference to it. It seeks to contest defendant company’s right in it, not at law, but by an injunction. This cannot be done. Smith v. Jameson, 91 Mo. 13; Railroad v. Maddox, 92 Mo. 469. (2) Plaintiff claims by adverse possession. The finding is against it.…
1Opinion of the CourtGantt, P. J.
This is a civil action to perpetually enjoin the Kansas City & Southeastern Railroad Company from entering, building and operating a railroad through ninety-two and three-tenths acres in the northeast quarter of section 19, township 49, range 33, in Jackson county, Missouri.
The plaintiff is a business corporation organized under the laws of this state, and the defendant is a railroad corporation organized under the laws of this state, also, and its owners.
Plaintiff had laid off the lands into town lots, streets, and blocks as an addition to Kansas City. It charges, that the defendant is…
2Cases cited5 opinions
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
- Hayford v. SpokesfieldMassachusetts Supreme Judicial Court · 1868
- Gordon v. EansSupreme Court of Missouri · 1888
- Wilkerson v. ThompsonSupreme Court of Missouri · 1884
- Louisville & Nashville Railroad v. CovingtonCourt of Appeals of Kentucky · 1866
3Cited by22 opinions
- Anson v. TietzeSupreme Court of Missouri · 1945
- Franck Bros., Inc. v. RoseSupreme Court of Missouri · 1957
- Gurdon & Fort Smith Railroad v. VaughtSupreme Court of Arkansas · 1911
- State ex rel. Kansas City v. East Fifth Street Railway Co.Supreme Court of Missouri · 1897
- Norton v. Duluth Transfer Railway Co.Supreme Court of Minnesota · 1915
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