Legal Opinion

Gloyd v. Franck

Supreme Court of Missouri

Decided March 12, 1913PublishedCited by 8 opinions

Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) There is a surplus in the block in question and it should be apportioned among the lot owners in proportion to their respective holdings. Crawford v. Ahrnes, 103 Mo. 96; Newcomb v. Lewis, 31 Iowa, 490; Lincoln v.' Edgecomb, 28 Me. 275; Caylor v. Luzadder, 137 Ind. 319; Parks v. Boynton, 98 Pa. St. 370; O’Brien v. McG-rame, 27 Wis. 446; Brooks v. Stanley, 66 Neb. 826; 4 Am. & Eng. Ency.

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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) There is a surplus in the block in question and it should be apportioned among the lot owners in proportion to their respective holdings. Crawford v. Ahrnes, 103 Mo. 96; Newcomb v. Lewis, 31 Iowa, 490; Lincoln v.' Edgecomb, 28 Me. 275; Caylor v. Luzadder, 137 Ind. 319; Parks v. Boynton, 98 Pa. St. 370; O’Brien v. McG-rame, 27 Wis. 446; Brooks v. Stanley, 66 Neb. 826; 4 Am. & Eng. Ency. Law, p. 868; Pereles v. Ma-goon, 78 Wis. 27, 23 Am. St. Rep. 389; Miller v. Land Co., 44 Kan. 355; McAlpine v. Reicheneker, 27 Kan. 257;…

1Opinion of the Court

ROY, C.

On April 16, 1857, Thomas H. Swope was the owner of the southeast quarter of the northwest *472quarter, of section five, township forty-nine, range thirty-three, in Jackson county, except a narrow strip off the west side. On that day he filed the plat of “Swope’s Addition’-’ to Kansas City. That plat purports bn its face to have been made on a survey by “O.'P. Wiggin, Surveyor.” It also purports to cover a tract of land 1320 feet from north to south and about 1200 feet from east to west. It dedicates 24% feet on the north side of it to Cherokee street and also shows Shawnee street sixty…

2Cases cited1 opinion

  1. Milligan v. FrittsSupreme Court of Missouri · 1910

3Cited by8 opinions

  1. McCarty v. SheetsIndiana Supreme Court · 1981
  2. Wolf v. MiravalleSupreme Court of Missouri · 1963
  3. Edie v. ColemanMissouri Court of Appeals · 1940
  4. Hogsett v. SmithMissouri Court of Appeals · 1950
  5. Diers v. PetersonSupreme Court of Missouri · 1921

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