Belk v. Hamilton
Supreme Court of Missouri
Appeal from Be Kalb Circuit Court. — Hon. W. S. Herndon, Judge. The material parts of the record of proceedings of the township board, referred to in the opinion, are as follows: The petition of plaintiff, Martha Belk, to the board represented that she owned a certain (described) tract of land; “that no public road passes through or touches said land,” and prayed the establishment of a private road twenty feet wide between certain points (a course duly and particularly…
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Appeal from Be Kalb Circuit Court. — Hon. W. S. Herndon, Judge. The material parts of the record of proceedings of the township board, referred to in the opinion, are as follows: The petition of plaintiff, Martha Belk, to the board represented that she owned a certain (described) tract of land; “that no public road passes through or touches said land,” and prayed the establishment of a private road twenty feet wide between certain points (a course duly and particularly defined), so as to join a public road mentioned. It was also stated that the proposed private road would pass over the land…
1Opinion of the CourtBarclay, J.
This suit is for an injunction to restrain defendant from interfering with plaintiff’s use of a road which affords access to plaintiff’s property. The defendant claims exclusive title to the land on which the road is located, and denies the legality of the proceedings on which plaintiff relies.
The only question submitted upon this appeal is as to the validity of the proceeding to open the road. .
The land in dispute lies in De Kalb county. The proceedings were had before the township board, under the township organization law (sec. 8552 and the following sections, R. S. 1889).
The material…
2Cases cited14 opinions
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Kayser v. Trustees of BremenSupreme Court of Missouri · 1852
- Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
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3Cited by10 opinions
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Pippin v. MaySupreme Court of Arkansas · 1906
- Howard v. DuncanSupreme Court of Oklahoma · 1933
- Johnson v. RasmusSupreme Court of Missouri · 1911
- Richter v. RodgersSupreme Court of Missouri · 1931
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