Avery v. Kansas City & Southern Railroad
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. D. A. De Armond, Judge. (1) The court 'erred in refusing to give instructions 1, 2, 3 and 5, asked by the defendant. If defendant constructed its road with the knowledge and acquiescence of the plaintiff over the strip of land ■in controversy, and .did not pay plaintiff therefor, an action for the value of the land accrued to plaintiff, but not the right to maintain ejectment.
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Appeal from Henry Circuit Court. — Hon. D. A. De Armond, Judge. (1) The court 'erred in refusing to give instructions 1, 2, 3 and 5, asked by the defendant. If defendant constructed its road with the knowledge and acquiescence of the plaintiff over the strip of land ■in controversy, and .did not pay plaintiff therefor, an action for the value of the land accrued to plaintiff, but not the right to maintain ejectment. McClellan v. Railroad, 103 Mo. 312; Baker v. Railroad, 57 Mo. 265; Bradley v. Railroad, 91 Mo. 499; Gray v. Railroad, 81 Mo. 132. And a case parallel to the one at bar will be…
1Opinion of the CourtBurgess, J.
This is an action of ejectment begun April 12, 1890, for the possession of a strip of land about ten feet wide and extending across one hundred and twenty acres of plaintiff’s land from its main track to a coal shaft, and occupied by defendant as a switch.
On the twenty-first day of December, 1888, plaintiff entered into a written contract with one T. M. Green, by which he leased to him for the term of twenty-five years said tract of one hundred and twenty acres, together with other lands, for mining purposes. The lease provided that the lessee should have the right of way over, through and…
2Cases cited9 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Bray v. MarshallSupreme Court of Missouri · 1882
- Bradley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Grafeman Dairy Co. v. Northwestern BankSupreme Court of Missouri · 1921
- Throckmorton v. PenceSupreme Court of Missouri · 1894
- Price v. HallettSupreme Court of Missouri · 1897
- Seeck v. JakelOregon Supreme Court · 1914
- McDonnell v. De Soto Savings & Building Ass'nSupreme Court of Missouri · 1903
12 more not listed; retrieve them via the Exa API.