Evans v. Haefner
Supreme Court of Missouri
Appeal from Washington Circuit Court. This was an action to recover possession of certain lands and damages for entering the same and. cutting down and destroying timber, and for digging up and carrying away rock, stone, mineral and gravel, &o.
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Appeal from Washington Circuit Court. This was an action to recover possession of certain lands and damages for entering the same and. cutting down and destroying timber, and for digging up and carrying away rock, stone, mineral and gravel, &o. The defendants based their defence upon a condemnation of the land in controversy in certain proceedings instituted in the Washington circuit court in -the name and in behalf of the St. Louis and Iron Mountain Railroad Company against the plaintiff and his wife. In these proceedings the land sued for was condemned, and the court, in its order…
1Opinion of the Court
Scott, Judge,-
delivered the opinion of the court.
This was an action of ejectment and trespass qua/re clau-sum fregit, to recover the possession of some land and for damages for entering lands belonging to the plaintiff. The defendants, under a contract with St. Louis and Iron Mountain Railroad Company, built a road connecting Potosi, in Washington county, with the main' stem, not exceeding three or four miles in length. The company had the land, on which the defendants built the, roadz condemned under the provisions of the general railroad act,, approved February 24,1853.
It is now objected to…
2Cases cited1 opinion
- M'Mahan v. KimballIndiana Supreme Court · 1832
3Cited by18 opinions
- Foltz v. St. Louis & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
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