Green v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. (1) On this record Zeitinger & Zoppi could not maintain ejectment or trespass; then how can a purchaser under :.a deed of trust do so for the breach of a contract made by the grantors in said deed of trust subsequent to such deed ■of trust, but long prior to a forfeiture thereof ? Baker v. .Railroad Co., 57 Mo. 265 ; Provolt v. Railroad Co., 57 Mo. '256, and 69 Mo. 633 ; Hubbard v. Railroad Co., 63 Mo. 68; Rvans v. Railroad, Co., 64…
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Appeal from, St. Louis Court of Appeals. (1) On this record Zeitinger & Zoppi could not maintain ejectment or trespass; then how can a purchaser under :.a deed of trust do so for the breach of a contract made by the grantors in said deed of trust subsequent to such deed ■of trust, but long prior to a forfeiture thereof ? Baker v. .Railroad Co., 57 Mo. 265 ; Provolt v. Railroad Co., 57 Mo. '256, and 69 Mo. 633 ; Hubbard v. Railroad Co., 63 Mo. 68; Rvans v. Railroad, Co., 64 Mo. 453; Kanaga v. Railroad Co., 76 Mo. 205. (2) Plaintiff must be presumed to have dealt with the land in controversy…
1Opinion of the Court
Philips, C.
This is an action of ejectment instituted in the circuit court of St. Louis for the recovery of a small strip of ground, thirty feet in width across the north half' of lot A in Eiler’s survey of Carondelet.
This lot belonged to Zeitinger & Zoppi who were partners. In 1872 the Pacific Railroad Company, desiring to run a branch road to or through this ground in order to reach a manufacturing establishment in Carondelet, instituted proceedings to condemn this strip to its use. Commissioners were accordingly appointed to assess the damages who duly made their report to the proper…
2Cases cited7 opinions
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Walther v. WarnerSupreme Court of Missouri · 1857
- Evans v. Missouri, Iowa & Nebraska Railway Co.Supreme Court of Missouri · 1877
- Clark v. ConwaySupreme Court of Missouri · 1856
- Bybee v. HagemanIllinois Supreme Court · 1873
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3Cited by5 opinions
- State Ex Rel. State Highway Commission v. DaySupreme Court of Missouri · 1931
- Maack v. SchneiderMissouri Court of Appeals · 1894
- Nevada & Minden Railroad v. De LissaSupreme Court of Missouri · 1890
- Davis v. ShaferU.S. Circuit Court for the District of Western Missouri · 1892
- Blair v. St. Louis, Keokuk & Northwestern Railway Co.Missouri Court of Appeals · 1902