City of Sarcoxie v. Wild
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. W. M.. Bobinson, Judge. (1) The words “Except, reserving the right of a strip of land thirty (30) feet wide on each side, viz.: west, east, north, and south of said trq,ct of land for road purposes” contained in the deed from Herman Wild to his daughter, secured to the grantor an easement for himself of a private roadway over the thirty-foot strips mentioned in said deed.
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Appeal from the Jasper Circuit Court. — Hon. W. M.. Bobinson, Judge. (1) The words “Except, reserving the right of a strip of land thirty (30) feet wide on each side, viz.: west, east, north, and south of said trq,ct of land for road purposes” contained in the deed from Herman Wild to his daughter, secured to the grantor an easement for himself of a private roadway over the thirty-foot strips mentioned in said deed. Emma Carnahan never obtained a title thereto sufficient to enable her to make a valid dedication of the same to the public as streets. Tiedeman on Real Property, sec. 843; Jones…
1Opinion of the CourtEllison, J.
The defendants were arrested, tried, and convicted before the police judge of the city of Sarcoxie, on the charge of having obstructed, with a rail fence, one of the streets of said city. They appealed to the circuit court and were again convicted, and now bring their case here.
It appears that the land on which the street is alleged to exist is a twenty acre tract, which one of the defendants owned and deeded to Emma T. Carnahan, wife of John Carnahan. The tract was practically surrounded by said defendant’s other farm land. In said deed there was this reservation, immediately following the…
2Cases cited8 opinions
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- Bailey v. CulverSupreme Court of Missouri · 1884
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