Ells v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Moniteau Circuit Court. — How. E. L. Edwards, Judge. (1) The evidence wholly fails to show an acceptance of the deed by any one authorized to accept the same for the defendant. On the contrary, at the trial the plaintiffs were in possession of the same, produced the same, and offered it in evidence, but did not tender it to defendant.
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Appeal from the Moniteau Circuit Court. — How. E. L. Edwards, Judge. (1) The evidence wholly fails to show an acceptance of the deed by any one authorized to accept the same for the defendant. On the contrary, at the trial the plaintiffs were in possession of the same, produced the same, and offered it in evidence, but did not tender it to defendant. (2) At the trial plaintiffs claimed that the deed offered in evidence conveyed a right of way one hundred feet in width across any part of plaintiffs’ lot; yet the deed conveys only a specific one hundred feet, upon which a dwelling house stands,…
1Opinion of the CourtSmith, P. J.
Plaintiffs are husband and wife, living in the city of Boonville, Missouri, and, in the year 1886, the wife was the owner of a lot of ground, described in the petition. In or about the month of November, 1886, the defendant was contemplating the *169construction of a railroad through Cooper county and over plaintiff’s said land, and was represented by Col. T. W. B. Crews, its attorney and agent, who was, about the date aforesaid, engaged in securing, by gift, purchase or condemnation, rights of way for said contemplated railroad through Cooper county, including the city of Boonville. Col. Crews,…
2Cases cited2 opinions
- Huey v. HueySupreme Court of Missouri · 1877
- Hammerslough v. CheathamSupreme Court of Missouri · 1884
3Cited by4 opinions
- Vanstone v. GoodwinMissouri Court of Appeals · 1890
- Tygard v. McCombMissouri Court of Appeals · 1893
- Abbe v. JustusMissouri Court of Appeals · 1895
- Huiser v. BeckMissouri Court of Appeals · 1894