City of Columbia v. Bright
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Ho». Jno. A. Hockaclay, Judge. (1) The statute of .1865 was the first law on the subject of the vacation of streets and alleys in municipal corporations, and the removing of the statute of limitations against such corporations. (2) There was not only a failure of affirmative proof on the subject of adverse possession but the evidence affirmatively showed that no claim whatever was made by any of the former owners to a part of this street.
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Appeal from Boone Circuit Court. — Ho». Jno. A. Hockaclay, Judge. (1) The statute of .1865 was the first law on the subject of the vacation of streets and alleys in municipal corporations, and the removing of the statute of limitations against such corporations. (2) There was not only a failure of affirmative proof on the subject of adverse possession but the evidence affirmatively showed that no claim whatever was made by any of the former owners to a part of this street. (3) Plaintiff’s fourth instruction was a correct statement of the law applicable to this case; its refusal constitutes…
1Opinion of the CourtBrace, P. J.
— This is an action in ejectment to recover the possession of a strip of ground two and three' tenths feet wide and eighty feet long, of which the defendant is in possession and which the plaintiff claims is within the lines of Ninth street in said city. The petition is in common form. The answer a general denial. The defendant is the owner of lot No. 220, on the northeast corner of Broadway and Ninth streets in said city, and the controversy is as to the proper location of the east line of Ninth street which is the west boundary of said lot. At the close of plaintiff’s evidence the defendant…
2Cited by8 opinions
- Tillman v. HutchersonSupreme Court of Missouri · 1941
- Tracy v. BittleSupreme Court of Missouri · 1908
- Robinson v. KornsSupreme Court of Missouri · 1913
- Johnson v. FergusonSupreme Court of Missouri · 1931
- Johnson v. RasmusSupreme Court of Missouri · 1911
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