McGrath v. City of Nevada
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Row. R. G. Timmonds, Judge. (1) The Statute of Limitations will not run in favor of parties occupying land appropriated to public use.
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Appeal from Vernon Circuit Court. — Row. R. G. Timmonds, Judge. (1) The Statute of Limitations will not run in favor of parties occupying land appropriated to public use. R. S. 1889, sec. 4270; Brown v. Carthage, 128 Mo. 10; St. Louis v. Railroad, 114 Mo. 13; Railroad v. Totman, 149 Mo. 657; Hendrickson v. G-rable, 157 Mo. 48; Railroad v. Baker, 82 S. W. 85. (2) Land bought by the county on foreclosure of a school fund mortgage becomes school property and is appropriated to a public use. R. S. 1899, sec. 9837; School Directors v. Goerges, 50 Mo. 194; Dice v. Hamilton, 178 Mo. 81. (3)…
1Opinion of the Court
V ATiLT ANT. J.
Plaintiff sues in ejectment for the possession of two strips of land which are embraced in two of the city’s streets; one of the strips is fifteen feet wide, the other twenty-nine or thirty feet wide, and have been in- use as parts of the streets for twenty years or more.
The evidence shows that in 1869 Elizabeth Blake was the owner of the land of which these two strips were formally a part. • In June, 1869, Mrs. Blake borrowed some school fund money from the county and gave a .mortgage on the land to secure it. The mortgage was foreclosed in 1879 and bought in by the county of…
2Cases cited3 opinions
- Heitz v. City of St. LouisSupreme Court of Missouri · 1892
- Kansas City Milling Co. v. RileySupreme Court of Missouri · 1896
- Bauman v. BoeckelerSupreme Court of Missouri · 1893
3Cited by9 opinions
- Anson v. TietzeSupreme Court of Missouri · 1945
- City of Caruthersville v. CantrellMissouri Court of Appeals · 1950
- Terry v. City of IndependenceSupreme Court of Missouri · 1965
- Carpenter v. City of St. JosephSupreme Court of Missouri · 1915
- Borchers v. BrewerSupreme Court of Missouri · 1917
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