Wright v. City of Joplin
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Where the land, as in this instance, was actually surveyed and stakes set out to indicate the various lots, streets, and alleys by the proprietors, and were fenced and improved, and the streets and alleys opened and used in accordance with these stakes, and the conduct of the first settlers shown a uniform understanding, such lines so shown to exist cannot be changed by subsequent surveys.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Where the land, as in this instance, was actually surveyed and stakes set out to indicate the various lots, streets, and alleys by the proprietors, and were fenced and improved, and the streets and alleys opened and used in accordance with these stakes, and the conduct of the first settlers shown a uniform understanding, such lines so shown to exist cannot be changed by subsequent surveys. McKinney v. Doane, 155 Mo. 288; Jones v. Poundstone, 102 Mo. 240; Waysville v. Truex, 235 Mo. 628; Whitwell v. Spiker, 238 Mo. 638; Thrush…
1Opinion of the CourtWoodson, J.
The plaintiffs instituted this suit in the circuit court of Jasper County against the defendants, for the purpose of having the streets and alleys in First Addition to East Joplin City, now incorporated in and constituting a part of the City of Joplin, Jasper County, Missouri, as laid off on the surface of the ground by the original owners.of the land on which the addition is located, ascertained, determined and established. The full prayer is “that the said streets and alleys as laid off on the surface of the ground by the original owners be ascertained, determined and established, and the…
2Cases cited2 opinions
- City of Laddonia v. DaySupreme Court of Missouri · 1915
- Macom v. BrewsterSupreme Court of Missouri · 1918
3Cited by5 opinions
- Ollison v. Village of Climax SpringsSupreme Court of Missouri · 1996
- Mothershead v. MilfeldSupreme Court of Missouri · 1951
- Harris v. DivineMissouri Court of Appeals · 2008
- Miller v. HalleranMissouri Court of Appeals · 1925
- Barnes v. WhitsonSupreme Court of Missouri · 1920