Longworth v. Sedevic
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The plaintiffs claim that tbe strip in question is a public highway, first, by prescription, secondly, by common law dedication, and thirdly, in connection therewith, that, whether by prescription or by dedication, the defendant is estopped to deny the existence of a public easement in the premises.
Read the full summary
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The plaintiffs claim that tbe strip in question is a public highway, first, by prescription, secondly, by common law dedication, and thirdly, in connection therewith, that, whether by prescription or by dedication, the defendant is estopped to deny the existence of a public easement in the premises. The mere- fact that the strip was not open in its entirety, as indicated on the plat, or that it was a cul-de-sac does not deprive it of the essentials of a highway. Elliott on Roads, pp. 1 and 7; 2 Beach on Public…
1Opinion of the CourtMarshall, J.
This is a bill in equity to enjoin the defendant from interfering with an easement- the plaintiffs claim in an alleged street, called Ferry street, in the town of Fenton, in St. Louis county. The defendant had judgment in the trial court and the plaintiffs appealed.
The facts are these. On the twenty-eighth of March, 1818, Antoine Soulard conveyed four hundred and eighty arpens, including the premises claimed to constitute Ferry street, and also all the land now owned by the plaintiffs and defendant, to William L. Long. On the twenty-first of March, 1827, -Long conveyed to Caleb Bowles one…
2Cases cited4 opinions
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- Heitz v. City of St. LouisSupreme Court of Missouri · 1892
- Buschmann v. LouisSupreme Court of Missouri · 1894
- Kansas City Milling Co. v. RileySupreme Court of Missouri · 1896
3Cited by9 opinions
- Tracy v. BittleSupreme Court of Missouri · 1908
- City of Seattle v. SmithersWashington Supreme Court · 1905
- Johnson v. FergusonSupreme Court of Missouri · 1931
- Kansas City & Northern Connecting Railroad v. BakerSupreme Court of Missouri · 1904
- City of Laddonia v. DaySupreme Court of Missouri · 1915
4 more not listed; retrieve them via the Exa API.