Peterson v. Beha
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. John A. Hockaday, Judge. (1) The road laid out by commissioners commenced eight rods north of the comer of section 33-45-11 and runs southeast, intersecting line, etc. There is no complaint of the obstruction of this road; the road obstructed begins ten or twelve rods north of the center of section 33, and runs easterly, etc., and the decree commands defendant to remove his fences off of this ground, and to keep off perpetually.
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Appeal from Callaway Circuit Court. — Hon. John A. Hockaday, Judge. (1) The road laid out by commissioners commenced eight rods north of the comer of section 33-45-11 and runs southeast, intersecting line, etc. There is no complaint of the obstruction of this road; the road obstructed begins ten or twelve rods north of the center of section 33, and runs easterly, etc., and the decree commands defendant to remove his fences off of this ground, and to keep off perpetually. (2) Defendant’s position is that he can’t obey; he does not know whether to count ten rods or twelve rods from the center…
1Opinion of the CourtRobinson, J.
For the purpose of obtaining a mandatory order against defendant to remove an obstruction placed by him across a júivate road, and to restrain its further obstruction, plaintiff filed with the circuit court of Callaway county the following petition:
“Plaintiff states that he is and has been for more than twenty-three years last past the owner and in possession of the following described lands lying and being in the county of Callaway and State of Missouri, to-wit: Ten acres being the northwest corner of the northwest quarter of the southeast quarter and also ten acres being the southeast…
2Cited by4 opinions
- Sellers v. SwehlaSupreme Court of Missouri · 1953
- Baughman v. FaulwellMissouri Court of Appeals · 1911
- Schafer v. OstmannMissouri Court of Appeals · 1913
- Sellers v. SwehlaSupreme Court of Missouri · 1953