Ripkey v. Gresham
Supreme Court of Missouri
Appeal from St. Clair Circuit Court. — Eon. Charles A. Calvird, Judge. (1) In a proceeding to establish a public road the petition must be accompanied by the names of all resident landowners. R. S. 1909, Sec. 10435; R. S. 1899, sec 9414; Spurlock v. Dornan, 182 Mo. 242; Bennett •v. Hall, 184 Mo. 407. (2) The word “owner”'in statutes of eminent domain is used in a comprehensive sense and includes all persons having any interest in the land. 15 Cyc. 844, 845; Ry.
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Appeal from St. Clair Circuit Court. — Eon. Charles A. Calvird, Judge. (1) In a proceeding to establish a public road the petition must be accompanied by the names of all resident landowners. R. S. 1909, Sec. 10435; R. S. 1899, sec 9414; Spurlock v. Dornan, 182 Mo. 242; Bennett •v. Hall, 184 Mo. 407. (2) The word “owner”'in statutes of eminent domain is used in a comprehensive sense and includes all persons having any interest in the land. 15 Cyc. 844, 845; Ry. Co. v. Baker, 102 Mo. 553; McShane v. Moberly, 79 Mo. 41; Mantz ,v. St. Paul, 52 Minn. 409; Gerrard v. Railroad Co., 14 Neb. 370;…
1Opinion of the Court
BROWN, C.
This action was instituted in the St. Clair County Circuit Court on May 15, 1915. The plaintiff is the wife of one Joseph G. Ripkey. She and her husband, as tenants by the entirety, own a tract of land in Road District Number Two of St. Clair County, Missouri, upon which they reside. The defendant John Gresham is the road overseer of said road district. The other defendants are the highway engineer and judges of the county court of said county, and *523the petitioners in a certain proceeding to establish a public road through said land. The object of the suit is to enjoin the defendants…
2Cases cited4 opinions
- Holmes v. Kansas CitySupreme Court of Missouri · 1908
- Spurlock v. DornanSupreme Court of Missouri · 1904
- Baubie v. OssmanSupreme Court of Missouri · 1898
- Monroe v. CrawfordSupreme Court of Missouri · 1901
3Cited by4 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Dillard v. AndersonSupreme Court of Missouri · 1920
- Greene v. St. Louis CountySupreme Court of Missouri · 1959
- County Court of Clay Co. v. BakerMissouri Court of Appeals · 1922