Omaha & St. Louis Railway Co. v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Gentry Circuit Court. — Hon. C. H. S.„ GrOODMAN, Judge. The title to this lot did not pass to the plaintiff under the mortgage of February 15, 1879, as it was not specifically described in that instrument, and it was not in any sense an appurtenance belonging to the railroad therein conveyed. 1 Bouvier’s Law Diet., title, Appurtenances, p. 136; Coke on Littleton, sec. 184, p. 121; Phila. v. Railroad, 58 Pa.
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Appeal from Gentry Circuit Court. — Hon. C. H. S.„ GrOODMAN, Judge. The title to this lot did not pass to the plaintiff under the mortgage of February 15, 1879, as it was not specifically described in that instrument, and it was not in any sense an appurtenance belonging to the railroad therein conveyed. 1 Bouvier’s Law Diet., title, Appurtenances, p. 136; Coke on Littleton, sec. 184, p. 121; Phila. v. Railroad, 58 Pa. St. 253; Jones on Railroad Securities, sec. 104; Panic v. Tennessee,' 104 TJ. S. 493; Humphreys v. McKissoelc, 2 Sup. Ct. Rep. No. 28, June 1, 1891, p. 779; Parish o. Wheeler,■…
1Opinion of the CourtBlack, J.
The plaintiff corporation brought this suit in the Gentry county circuit court, against the Wabash, St. Louis & Pacific Railway Company, the Wabash Western Railway Company and J. W. Blanchard, praying for a decree requiring Blanchard to convey to plaintiff a half block of ground in Sta'nberry, Gentry county. The circuit court rendered a decree as prayed for, from which the railroad companies appealed. Blanchard did not join in the appeal.
The facts are in substance these: On the fifteenth day of February, 1879, the St. Louis, Kansas City & Northern Railway Company, a corporation organized…
2Cases cited4 opinions
- Humphreys v. McKissockSupreme Court of the United States · 1891
- Pennock v. CoeSupreme Court of the United States · 1860
- Central Trust Co. v. KneelandSupreme Court of the United States · 1891
- Dunham v. Cincinnati, P., & CR Co.Supreme Court of the United States · 1864
3Cited by12 opinions
- Missouri-Kansas-Texas Railroad Company v. FreerMissouri Court of Appeals · 1959
- Hendricks v. MusgroveSupreme Court of Missouri · 1904
- Kansas City & Northern Connecting Railroad v. BakerSupreme Court of Missouri · 1904
- City of Laddonia v. DaySupreme Court of Missouri · 1915
- St. Louis-San Francisco Railway Co. v. DillardSupreme Court of Missouri · 1931
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