Barker v. St. Louis County

This cause is in ejectment to recover land (private property) taken by St. Louis County for a public road. The trial court sustained defendant's motion for judgment on the pleadings and plaintiff appealed. [1] It is contended that ejectment is not the proper remedy. Plaintiff's case is based solely on the theory that the proceedings resulting in taking his property without just compensation are utterly void. If so, ejectment is a proper remedy. [Tebbs et al. v. Platte County, 325 Mo. 304,28 S.W.2d 656.]

The constitutionality of that part of Section 7840, Revised Statutes 1929 (Mo. Stat. Ann.,…