Anthony v. Kennard Building Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. Horatio D. Wood, Judge. (1) The court sustained a demurrer to plaintiffs’ evidence. In actions in equity, as well as at law, the demurrer to the evidence concedes every fact which the evidence tends to prove, and every inference fairly deducible from the facts proved.
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Appeal from St. Louis City Circuit Court. — Now. Horatio D. Wood, Judge. (1) The court sustained a demurrer to plaintiffs’ evidence. In actions in equity, as well as at law, the demurrer to the evidence concedes every fact which the evidence tends to prove, and every inference fairly deducible from the facts proved. Hence, if there is any evidence in the record, from which adverse user, or user as of right, might be inferred, the trial court erred in sustaining the demurrer to the evidence. Healey v. Simpson, 113 Mo. 345; Patton v. Bragg, 113 Mo. 600; Bank v. Simpson, 152 Mo. 656. (2) Upon…
1Opinion of the CourtYalliant, J.
This is a suit in equity by which -the plaintiffs seek to enjoin the Kennard Building Company from erecting their building so as to cover a strip of land over which plaintiffs claim an easement as an alley appurtenant to property held by them by leasehold.
In 1899 the defendant, the Kennard Building Company, acquired from Mrs. Drummond, the owner in fee, a lease for a term of ninety-nine years of certain real estate in St. Louis fronting east on the west line of Fourth street, extending from Washington avenue on the north to St. Charles street on the south, measuring its east line 150 feet 8…
2Cases cited8 opinions
- Healey v. SimpsonSupreme Court of Missouri · 1892
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Curtis v. La Grande Hydraulic Water Co.Oregon Supreme Court · 1890
- Smith v. City of SedaliaSupreme Court of Missouri · 1899
- Brinck v. CollierSupreme Court of Missouri · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- Woods v. HartOregon Supreme Court · 1969
- Bridle Trail Association v. O'SHANICKMissouri Court of Appeals · 1956
- Ortmeyer v. BruemmerMissouri Court of Appeals · 1984
- Sanford v. KernSupreme Court of Missouri · 1909
39 more not listed; retrieve them via the Exa API.