Sanford v. Kern
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas, —Hon. B. F. Davis, Judge. The road was used, worked and occupied in every way a road could be from the date of the purported contract in 1889 to the fall of -1905, continuously, under claim of right, and the appellant has acquired a perfect easement of way by prescription. A right to a private way acquired by adverse user is a vested right, and not a license. Washburn on Easements (3 Ed.), p. 135; Powers v. Dean, 112 Mo.
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Appeal from Cape Girardeau Court of Common Pleas, —Hon. B. F. Davis, Judge. The road was used, worked and occupied in every way a road could be from the date of the purported contract in 1889 to the fall of -1905, continuously, under claim of right, and the appellant has acquired a perfect easement of way by prescription. A right to a private way acquired by adverse user is a vested right, and not a license. Washburn on Easements (3 Ed.), p. 135; Powers v. Dean, 112 Mo. App. 288. 2nd. The road was fenced off, open, worked and used by the public and this .respondent during the lifetime of…
1Opinion of the CourtLamm, P. J.
Suit to establish a right in plaintiff to a private way in Cape Girardeau county, and to remove obstructions put in the way by defendant. The ultimate facts relied on to show a user as of prescriptive right, or adverse possession under a claim of right, are set forth in the petition with sufficient particularity to permit the proof put in. As no point is made on the sufficiency of the petition, it will not be further noticed.
The -answer raised the general issue.
Judgment for defendant. Plaintiff appeals.
There is little or no dispute on material facts. In 1889 plaintiff owned a body of timber…
2Cases cited11 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Anthony v. Kennard Building Co.Supreme Court of Missouri · 1905
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Fuhr v. DeanSupreme Court of Missouri · 1857
- House v. MontgomeryMissouri Court of Appeals · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Jacobs v. BrewsterSupreme Court of Missouri · 1945
- Bridle Trail Association v. O'SHANICKMissouri Court of Appeals · 1956
- Schroer v. BrooksMissouri Court of Appeals · 1920
- Gibson v. SharpMissouri Court of Appeals · 1955
- Zinser v. LucksSupreme Court of Missouri · 1951
23 more not listed; retrieve them via the Exa API.