Baker v. Atchison, Topeka & Santa Fe Railroad
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. Plaintiff, the widow of Melker Baker, on the nineteenth of March, 1891, brought this action for the assignment of dower in a certain strip of ground used by defendant corporation for its track, roadbed and right of way.
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Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. Plaintiff, the widow of Melker Baker, on the nineteenth of March, 1891, brought this action for the assignment of dower in a certain strip of ground used by defendant corporation for its track, roadbed and right of way. Melker Baker djed in March, 1890. The ■answer admitted the incorporation of defendant, and that it had obtained such right of way for the purposes of its railroad over the land in controversy from the legal owners thereof, and that it is- now in possession of said strip of ground. The reply was a general denial. The…
1Opinion of the CourtSherwood, J.
Defendant relies on Venable v. Wabash, etc., R’y Co., 20 S. W. Rep. 493; 112 Mo. 103, as decisive of this case, and so it is; for it was there ruled that a conveyance of land by the owner to a railroad corporation for a right of way as effectually extinguished the doweiv right of his wife, as if such right of way had been regularly condemned by the usual proceedings in a court of competent jurisdiction. One-half of the land which forms the subject of the present litigation was appropriated by the defendant corporation in the ordinary way. Afterwards, the other half of the •strip used for a…
2Cases cited1 opinion
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
3Cited by7 opinions
- Benton v. City of St. LouisSupreme Court of Missouri · 1909
- Coates & Hopkins Realty Co. v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1931
- Kansas City Southern Railway Co. v. SandlinMissouri Court of Appeals · 1913
- Harris v. Kansas CitySupreme Court of Missouri · 1922
- Lientz v. SchotteSupreme Court of Missouri · 1922
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