Snyder v. Chicago, Santa Fe & California Railway Co.
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) The holder of a prior recorded mortgage is. not bound to speak, and silence in such cases works noestoppel. Walker v. Railroad, 57 Mo. 275; Barrett tu Johannes, 70 Mo. 439. (2) Counties and beneficiantes in mortgages to secure school moneys are not estopped to foreclose such mortgages by reason of the neglect, acquiescence or misconduct of county officers.
Read the full summary
Appeal from Chariton Circuit Court. — Hon. Gr. D. Burgess, Judge. (1) The holder of a prior recorded mortgage is. not bound to speak, and silence in such cases works noestoppel. Walker v. Railroad, 57 Mo. 275; Barrett tu Johannes, 70 Mo. 439. (2) Counties and beneficiantes in mortgages to secure school moneys are not estopped to foreclose such mortgages by reason of the neglect, acquiescence or misconduct of county officers. Marion Co. v. Moffet, 15 Mo. 604; Bay Co. v. Bentley, 49 Mo. 236; Ceda/r Co. v. Johnson, 50 Mo. 225; Jones v. Mach, 53 Mo. 147; Board of Ed. v. Boyd, 58 Mo. 276; Sturgeon…
1Opinion of the CourtMacfarlane, J.
This suit is ejectment to recover a strip of land through the southwest quarter of section 11, township 56, range 19, in Chariton county, which is occupied by- defendant and used for the track of the main line of its railway between Kansas City and Chicago. The suit was commenced September 25, 1889. The answer was a general denial and two pleas of estoppel.
It was admitted on the trial that the land in dispute is military bounty land. It was admitted also by the pleadings and on the trial, that John B. Holloway was the common source of title; that on the twenty-eighth day of May, 1867, the…
2Cases cited15 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Turner v. BakerSupreme Court of Missouri · 1876
- Bogie v. NolanSupreme Court of Missouri · 1888
- Heidelberg v. St. Francois CountySupreme Court of Missouri · 1889
- Schad v. SharpSupreme Court of Missouri · 1888
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Simmons v. Kansas City Jockey ClubSupreme Court of Missouri · 1933
- Carrollton Telephone Exchange Co. v. SpicerCourt of Appeals of Kentucky · 1917
- Phillips v. Butler CountySupreme Court of Missouri · 1905
- Woolard v. NashvilleTennessee Supreme Court · 1902
- Snyder v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1895
5 more not listed; retrieve them via the Exa API.