Legal Opinion

Kansas City Milling Co. v. Riley

Supreme Court of Missouri

Decided March 17, 1896PublishedCited by 12 opinions

Error to Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) ' The attempted dedication by A. J. Lloyd in 1866 was ineffectual as a statutory dedication because he was not at that time the owner. Angelí on Highways [3 Ed.], 147; 5 Am. and Eng. Encyclopedia of Law, p. 398. (2) The statute in force at the time required the dedication to be made by the “proprietor” of the property, that is, the “owner” of the same. Glen. Stat. 1865, sec. 1, ch. 44, p. 257; 2 Rap. Law Diet.

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Error to Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) ' The attempted dedication by A. J. Lloyd in 1866 was ineffectual as a statutory dedication because he was not at that time the owner. Angelí on Highways [3 Ed.], 147; 5 Am. and Eng. Encyclopedia of Law, p. 398. (2) The statute in force at the time required the dedication to be made by the “proprietor” of the property, that is, the “owner” of the same. Glen. Stat. 1865, sec. 1, ch. 44, p. 257; 2 Rap. Law Diet. Hoc., tit. “Proprietor;” JHannibal v. Draper, 36 Mo. 332; McShane v. Moberlg, 79 Mo. 41; Lee v. Lake, 14 Mich. 12; s. o.,…

1Opinion of the CourtBurgess, J.

Action by plaintiff, an adjoining proprietor, for an injunction and restraining order against defendants restraining and enjoining them from maintaining a dwelling house in Lulu street, in Kansas City, Missouri. Prom a judgment and decree abating the same as a nuisance, and ordering its removal from the street, defendants sued out their writ of error to this court.

On the twenty-fourth day of May, 1866, Alfred J. Lloyd subdivided the east half of the southeast quarter (less ten acres off the north end) of section 7, *578township 49, of range 33, in Jackson county, Missouri, into lots and blocks,…

2Cases cited9 opinions

  1. Heitz v. City of St. LouisSupreme Court of Missouri · 1892
  2. Vossen v. DautelSupreme Court of Missouri · 1893
  3. Buschmann v. LouisSupreme Court of Missouri · 1894
  4. State v. WaltersSupreme Court of Missouri · 1879
  5. State v. WellsSupreme Court of Missouri · 1879

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3Cited by12 opinions

  1. Riley v. BuchananCourt of Appeals of Kentucky · 1903
  2. Rosenbloom v. GrossmanSupreme Court of Missouri · 1961
  3. Longworth v. SedevicSupreme Court of Missouri · 1901
  4. McGrath v. City of NevadaSupreme Court of Missouri · 1905
  5. Granite Bituminous Paving Co. v. McManusMissouri Court of Appeals · 1910

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