Hobart-Lee Tie Co. v. Stone
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Eon. L. B. JVoodside} Judge. Title to premises in dispute goes only to character of relief. If plaintiff is in actual possession and has been for many years he is not in a position nor has he occasion to sue. The defendant is proper party to bring action and if he neglects injunction will be made perpetual. Echelkamp v.' Shrader, 45 Mo. 509; Sills v. Goodyear, 80 Mo.
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Appeal from Phelps Circuit Court. — Eon. L. B. JVoodside} Judge. Title to premises in dispute goes only to character of relief. If plaintiff is in actual possession and has been for many years he is not in a position nor has he occasion to sue. The defendant is proper party to bring action and if he neglects injunction will be made perpetual. Echelkamp v.' Shrader, 45 Mo. 509; Sills v. Goodyear, 80 Mo. App. 134. Appellant has shown that the Frisco railroad and its grantors have been in possession of the land below the bridge, under color of title, for more than thirty-five years. And in…
1Opinion of the CourtReynolds, P. J.
This suit was originally instituted in the circuit court of Phelps county, by filing a petition, sworn to by the attorney for plaintiff, in the office of the clerk of that court, on the twenty-eighth of May, 1907. On the filing, of the petition, the circuit court of the county not being in session and the judge not then in that county, it was presented to the judge of the probate court who on the same day ordered that a temporary writ issue, “enjoining the defendant, his servants, agents and employees from landing his rafts of ties and timber upon and from hauling out onto, upon and across,…
2Cases cited4 opinions
- Turner v. StewartSupreme Court of Missouri · 1883
- Cravens v. RodgersSupreme Court of Missouri · 1890
- State ex rel. Hines v. Scott County Macadamized Road Co.Supreme Court of Missouri · 1907
- State ex rel. Jump v. Louisiana, Bowling Green & Ashley Gravel Road Co.Missouri Court of Appeals · 1906
3Cited by6 opinions
- The Nat. Refining Co. v. CoxMissouri Court of Appeals · 1933
- Skaggs v. Kansas City Terminal Ry. Co.District Court, W.D. Missouri · 1916
- Tucker v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1923
- Barron v. H. D. Williams Cooperage Co.Missouri Court of Appeals · 1914
- Lowe v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910
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