Legal Opinion

City of Maysville v. Truex

Supreme Court of Missouri

Decided July 1, 1911PublishedCited by 8 opinions

Appeal from DeKalb Circuit Court.— Hon. A. D. Burnes, Judge. (1) In construing maps of official survey, courts give effect to the meaning expressed by their outlines as •well as their language. St. Louis v. Railroad, 114 Mo. 13; Columbia v. Bright, 179 Mo. 441; Campbell v. Wood, 116 Mo. 196. (2) The sale to the defendant and her grantors was designated as lots one and eight, block one, as shown by the plat of the town of Mays-ville.

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Appeal from DeKalb Circuit Court.— Hon. A. D. Burnes, Judge. (1) In construing maps of official survey, courts give effect to the meaning expressed by their outlines as •well as their language. St. Louis v. Railroad, 114 Mo. 13; Columbia v. Bright, 179 Mo. 441; Campbell v. Wood, 116 Mo. 196. (2) The sale to the defendant and her grantors was designated as lots one and eight, block one, as shown by the plat of the town of Mays-ville. The eastern boundary of these lots was and is shown by the plat as Sloan Street, and the title to her under the deeds did not extend beyond this boundary. Tatum…

1Opinion of the CourtBrown, J.

— Ejectment for a small strip of land alleged to b.e part of Sloan street in plaintiff city. There was a judgment below for the defendant, for which plaintiff appeals.

The original town, now city, of Maysville, was laid out and platted in the year 1845, as the county seat of DeKalb county, by one G. W. McPherson, Commissioner, upon land donated to said county by the United'States for county-seat purposes.

Defendant contests plaintiff’s right to recover on the following grounds:

1. By adverse possession.

2. The plaintiff acquired no title to the streets of Maysville, because of certain defects in…

2Cases cited5 opinions

  1. Grace v. NesbittSupreme Court of Missouri · 1891
  2. Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
  3. Adkins v. TomlinsonSupreme Court of Missouri · 1894
  4. Board of President of the St. Louis Public Schools v. RisleySupreme Court of Missouri · 1867
  5. Long v. McDowSupreme Court of Missouri · 1885

3Cited by8 opinions

  1. Robinson v. FieldSupreme Court of Missouri · 1938
  2. State Ex Rel. Vesper-Buick Automobile Co. v. DauesSupreme Court of Missouri · 1929
  3. Case v. EricsonIdaho Supreme Court · 1927
  4. State v. ReedSupreme Court of Missouri · 1913
  5. City of Marshfield v. HaggardMissouri Court of Appeals · 1957

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