Johnson v. Rasmus
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. Samuel Davis, Special Judge. The Statute of Limitations has no application. It does not run against the State and gives no title to the occupier of a public road, no matter how long the occupation may be continued.
Read the full summary
Appeal from Cooper Circuit Court. — Hon. Samuel Davis, Special Judge. The Statute of Limitations has no application. It does not run against the State and gives no title to the occupier of a public road, no matter how long the occupation may be continued. Section 9432, R. S. 1899', has no reference to a regularly and legally established road, but only to roads where there were irregularities in the proceedings to establish and open them .and where the rights of the public are acquired by user. Such roads and the section may be lost by nonuser. Otherwise as to roads the title to which has been…
1Opinion of the Court
BOIND, C.
This is an action in equity to enjoin defendant from the alleged obstruction of a public road, known as the Boonville and Pisgah road, which it is claimed is necessary for ingress and egress to the farm now owned by complainants, in Cooper county, Missouri. Defendant’s answer admits the former existence of the road, but sets up, that on the 2d of February, 1891, the county court of Cooper *588county ordered it vacated from its beginning point to the place of its junction with the Boonville and Tip-ton road, and in lieu thereof ordered another road to be constructed so as to connect the…
2Cases cited5 opinions
- Belk v. HamiltonSupreme Court of Missouri · 1895
- State v. MuirMissouri Court of Appeals · 1909
- City of Columbia v. BrightSupreme Court of Missouri · 1904
- Howe v. CallawayMissouri Court of Appeals · 1906
- State ex rel. Barbee v. BusseMissouri Court of Appeals · 1911
3Cited by16 opinions
- Robinson v. KornsSupreme Court of Missouri · 1913
- State Ex Rel. Carter County v. LewisMissouri Court of Appeals · 1956
- Connell v. BakerMissouri Court of Appeals · 1970
- Hedges v. County Court for Ray CountyMissouri Court of Appeals · 1979
- Winschel v. County of St. LouisSupreme Court of Missouri · 1961
11 more not listed; retrieve them via the Exa API.