Mitchell v. Kansas City & Independence Rapid Transit Railway
Supreme Court of Missouri
Error to the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The petition for the opening of the road, embracing the land in controversy, should not have been admitted in evidence, because the same does not purport to be signed by Mollie O. Hutchison, plaintiff’s grantor; the signature of Thomas Hutchison to said application can not bind his wife, Mollie C. Hutchison.
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Error to the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The petition for the opening of the road, embracing the land in controversy, should not have been admitted in evidence, because the same does not purport to be signed by Mollie O. Hutchison, plaintiff’s grantor; the signature of Thomas Hutchison to said application can not bind his wife, Mollie C. Hutchison. The relinquishment of the right of way should not have been admitted in evidence over plaintiff’s objections because it does not purport to be signed by plaintiff’s grantor.^ Mollie C. Hutchison. The genuineness of the…
1Opinion of the CourtGantt, P. J.
This is an action of ejectment in a statutory form for a strip of land, described by metes and bounds, which constitutes a part of a public road known in Jackson county as the “Porter Road.”
The defendant is a railroad company which built its railroad on and along said county road, and is operating it by permission of the-county court of Jackson county and has no other possession of said strip and makes no claim other than as the licensee of the county court.
The railroad was constructed and put in operation over the strip in question in 1886 or .1887 and large numbers of passengers are daily…
2Cases cited3 opinions
- Quayle v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Walker v. LikensSupreme Court of Missouri · 1857
- Crenshaw v. SnyderSupreme Court of Missouri · 1893
3Cited by2 opinions
- Searcy v. Clay CountySupreme Court of Missouri · 1903
- State v. SchenkelMissouri Court of Appeals · 1908