Coberly v. Butler
Missouri Court of Appeals
Appeal from the Be Kalb Circuit Court. — Hon. W. S. Herndon, Judge. The evidence does not show that the land or strip in dispute was ever a public road, as alleged in the petition, or that Claywater or anyone else dedicated it by any act to the public; and in the absence of this proof the finding should have been for the defendant, and his motion to dissolve temporary injunction sustained. Stacey v. Miller, 14 Mo. 336; Railroad v. Woodland, 60 Mo.
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Appeal from the Be Kalb Circuit Court. — Hon. W. S. Herndon, Judge. The evidence does not show that the land or strip in dispute was ever a public road, as alleged in the petition, or that Claywater or anyone else dedicated it by any act to the public; and in the absence of this proof the finding should have been for the defendant, and his motion to dissolve temporary injunction sustained. Stacey v. Miller, 14 Mo. 336; Railroad v. Woodland, 60 Mo. App. 631. (1) It is immaterial whether the obstructed road is a public or private road or a private easement of way in the plaintiff. In either…
1Opinion of the CourtGill, J.
This controversy will be understood by reference to the following plat used as an exhibit at the trial:
*558The suit was brought by Ooberly to enjoin Butler from closing the open space or lane at A. A. The ownership of Butler, or rather his wife, of the land along the west side of the Stewartsville and Gower public road is conceded; while Coberly’s farm adjoins Butler’s on the west, running over to a public road, as marked on the plat. In the petition it was alleged that this lane, about thirty feet wide, running from the Gower road west across defendant’s land to Coberly’s gate, is, and for a…
2Cases cited2 opinions
- Stacey v. MillerSupreme Court of Missouri · 1851
- Kansas City, Clinton & Springfield Railway Co. v. WoolardMissouri Court of Appeals · 1895
3Cited by4 opinions
- Anson v. TietzeSupreme Court of Missouri · 1945
- Reid v. GarnettSupreme Court of Virginia · 1903
- Chandler v. ReadingMissouri Court of Appeals · 1908
- City of St. Louis v. CleggSupreme Court of Missouri · 1921