Masterson v. West End Narrow Gauge Railroad
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. — The case is reported in 5 Mo. App. 64. Defendant’s predecessor acquired absolute title to the premises in controversy by the license from Cay, the then owner. Yerbal permission from the owner to a railroad company to take land for railroad purposes followed by occupation by the company, constitutes complete and absolute dedication. 1 Wag.
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Appeal from St. Louis Court of Appeals. — The case is reported in 5 Mo. App. 64. Defendant’s predecessor acquired absolute title to the premises in controversy by the license from Cay, the then owner. Yerbal permission from the owner to a railroad company to take land for railroad purposes followed by occupation by the company, constitutes complete and absolute dedication. 1 Wag. Stat., 326, § 1; Washburn on Easements, (3 Ed.) 185. The right that a railroad company takes is simply an easement, though expressed to be a fee simple; (Kellogg v. Malin, 50 Mo. 496;) and may be verbally given…
1Opinion of the CourtHough, J.
This is an action of ejectment to recover a strip of ground situated in the city of St. Louis, upon which the railroad of defendant is located.
Both parties claim under William T. Gay. At the trial in the circuit court the plaintiff' read in evidence a deed of trust, dated May 27th, 1874, and recorded May 29th, 1874, executed by William T. Gay and wife to A. M. Britton, trustee, to secure to plaintiff' a principal note of $29,000, due in five years, and ten semi-annual interest notes, all executed and delivered by said Gay to plaintiff, and of even date with the deed of trust, conveying a…
2Cases cited3 opinions
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Woods v. HilderbrandSupreme Court of Missouri · 1870
3Cited by14 opinions
- McShane v. City of MoberlySupreme Court of Missouri · 1883
- Wilcox v. PhillipsSupreme Court of Missouri · 1914
- Stuart v. RamseySupreme Court of Missouri · 1906
- City of St. Joseph ex rel. Forsee v. BakerMissouri Court of Appeals · 1900
- Fischer v. JohnsonMissouri Court of Appeals · 1892
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