City of California v. Burke
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. J. G. Slate, Judge. (1) The plat, acknowledged and filed by John Burke June 18, 1858, was a statutory dedication of the land to the appellant city.- Secs. 1, 8, Chap. 158, R. S. 1855; Otterville v. Bente, 240 Mo. 295, 296; California v. Howard, 78 Mo. 88; Sec. 9284a, Laws 1921, p. 557; Hardin v. Ferguson, 271 Mo. 415; Buschmann v. St. Louis, 121 Mo. 523. (a) A statutory dedication of streets, alleys and commons by a properly…
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Appeal from Moniteau Circuit Court. — Hon. J. G. Slate, Judge. (1) The plat, acknowledged and filed by John Burke June 18, 1858, was a statutory dedication of the land to the appellant city.- Secs. 1, 8, Chap. 158, R. S. 1855; Otterville v. Bente, 240 Mo. 295, 296; California v. Howard, 78 Mo. 88; Sec. 9284a, Laws 1921, p. 557; Hardin v. Ferguson, 271 Mo. 415; Buschmann v. St. Louis, 121 Mo. 523. (a) A statutory dedication of streets, alleys and commons by a properly executed and recorded plat is irrevocable by either dedicator or his heirs. Hatton v. St. Louis, 264 Mo. 643. (b) After such…
1Opinion of the CourtWoodson, P. J.
Tbe plaintiff brought this suit of ejectment in tbe Circuit Court of Moniteau County against the defendant, to recover possession of a small tract of land situated in the city of California, hereinafter more particularly described. The cause was tried before the court, without a jury, and the findings of fact and judgment of the court were for the defendant; and in due time and proper foim, the plaintiff appealed the cause to this court.
The facts are 'practically undisputed upon all issues, except as to the use- and occupancy of the land in question, which was conflicting, as will later…
2Cases cited5 opinions
- Scott v. ScottSupreme Court of Missouri · 1888
- Missouri Institute for the Education of the Blind v. HowSupreme Court of Missouri · 1858
- Bauman v. BoeckelerSupreme Court of Missouri · 1893
- City of Hardin v. FergusonSupreme Court of Missouri · 1917
- City of Kansas ex rel. Enright v. RatekinMissouri Court of Appeals · 1888
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- Anderton v. GageMissouri Court of Appeals · 1987
- Goad v. BennettMissouri Court of Appeals · 1972
- Land Clearance for Redevelopment Authority v. City of St. JosephMissouri Court of Appeals · 1977
- Horrighs v. ElfrankMissouri Court of Appeals · 1987