Hannibal Bridge Co. v. Schaubacher
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. I. The court erred in refusing appellant’s instruction, (2) that if the Schaubachers claimed their parcels of land in suit under respective title deeds along the “east line,” (Jackson vs. Hathaway, 15 John., 44-7) and by the “west side,” (Smith vs. Slocomb, 9 Gray, 36) of Craig’s alley, (Angelí Highways, 2 Ed., p. 387, § 314; 3 Kent Comm., 11 Ed., p. 551, ; 3 Washb. R. P., 3 Ed., 361, note; Tyler Bound., 1874, eh.
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Appeal from Hannibal Court of Common Pleas. I. The court erred in refusing appellant’s instruction, (2) that if the Schaubachers claimed their parcels of land in suit under respective title deeds along the “east line,” (Jackson vs. Hathaway, 15 John., 44-7) and by the “west side,” (Smith vs. Slocomb, 9 Gray, 36) of Craig’s alley, (Angelí Highways, 2 Ed., p. 387, § 314; 3 Kent Comm., 11 Ed., p. 551, ; 3 Washb. R. P., 3 Ed., 361, note; Tyler Bound., 1874, eh. XI, pp. 133-144), then such ownership, giving no interest whatever in Craig’s alley, did not entitle the Schaubachers to a claim for…
1Opinion of the CourtWagNER, Judge
When this cause was here before (49 Mo., 555) the judgment of the Common Pleas Court was reversed, because it held the finding of the commissioners conclusive, and refused to hear any evidence when the exceptions were filed. When the case was again called for a hearing, under a recent statute of this State, a jury was demanded and impaneled.
The facts now are the same as they were then. Defendants owned two lots in the city of Hannibal, situated immediately under the bluff: on the Mississippi river. These lots were separated bj1, Craig’s alley. On the lot west of the alley a brewery was…
2Cases cited3 opinions
- Hannibal Bridge Co. v. SchaubackerSupreme Court of Missouri · 1872
- Fisher v. GoebelSupreme Court of Missouri · 1867
- Waters v. BrownSupreme Court of Missouri · 1869
3Cited by24 opinions
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- City of St. Louis v. BrownSupreme Court of Missouri · 1900
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- City of St. Louis v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1916
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