Holmes v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court.- — Hon. Jas. H. Slover, Judge. (1) No compensation having been paid to Mrs. Holmes, or into court for her, as required by both the Constitution and the city charter, her proprietary interest in her property cannot lawfully he disturbed.
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Appeal from Jackson Circuit Court.- — Hon. Jas. H. Slover, Judge. (1) No compensation having been paid to Mrs. Holmes, or into court for her, as required by both the Constitution and the city charter, her proprietary interest in her property cannot lawfully he disturbed. No matter what may be said as to the necessity of Mrs. Holmes being made a party to the condemnation proceedings by name or of the necessity of personal service of notice upon her, the absolute necessity must be conceded of compensation for her property being paid to her, or into court for her, before her proprietary rights…
1Opinion of the CourtCraves, J.
In 1886 the plaintiff and her husband, Daniel B. Holmes, acquired title to a tract or *516parcel of land or lot in Kansas City, Missouri, the particular description of which will serve no good purpose here. The deed to them and which was of record, is such as created an estate by the entirety, and from that time on they continued as tenants by the entirety. On this tract or parcel of land was a brick dwelling house and other improvements. In February, 1901, the defendant, the city of Kansas City, being desirous of opening up> what is called Admiral Boulevard, and for that purpose, to acquire a…
2Cases cited4 opinions
- Bains v. BullockSupreme Court of Missouri · 1895
- Russell v. RussellSupreme Court of Missouri · 1894
- Arnold v. WillisSupreme Court of Missouri · 1895
- Coleman v. BresnahamNew York Supreme Court · 1889
3Cited by24 opinions
- Budwit v. HerrMichigan Supreme Court · 1954
- Schwind v. O'HalloranSupreme Court of Missouri · 1940
- Barnett, Admr. v. Couey, Admr.Missouri Court of Appeals · 1930
- Grose v. HollandSupreme Court of Missouri · 1948
- Morgan v. WillmanSupreme Court of Missouri · 1927
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