Legal Opinion

Borchers v. Brewer

Supreme Court of Missouri

Decided June 1, 1917PublishedCited by 13 opinions

Appeal from Nodaway Circuit Court. — How. William C. Ellison, Judge. (1) To constitute a valid dedication of land to the public there must be a clear intention on the part of the owner to dedicate, for a dedication of land to public use depends upon the intention of the owner. Brinck v. Collier, 56 Mo. 160; Pierce v. Chamberlain, 82 Mo. 618. There must be a clear intention to dedicate. McGrath v. Nevada, 188 Mo. 107; State v. Hood, 143 Mo.

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Appeal from Nodaway Circuit Court. — How. William C. Ellison, Judge. (1) To constitute a valid dedication of land to the public there must be a clear intention on the part of the owner to dedicate, for a dedication of land to public use depends upon the intention of the owner. Brinck v. Collier, 56 Mo. 160; Pierce v. Chamberlain, 82 Mo. 618. There must be a clear intention to dedicate. McGrath v. Nevada, 188 Mo. 107; State v. Hood, 143 Mo. App. 316; Vasson v. Dantel, 116 Mo. 384; Landis v. Hamilton, 77 Mo. 554; State v. Young, 27 Mo. 259; Morgan v. Durfee, 69 Mo. 463; State v. Wells, 70 Mo.…

1Opinion of the Court

RAILEY, C.

On March 3, 1911, plaintiff commenced, in the circuit court of Andrew County, Missouri, an action by injunction to restrain defendant from trespassing upon a strip of ground thirty feet wide, running north and south on the east side of his land, described as the southwest quarter of section 30, township 61, range 35, county and state aforesaid. After alleging repeated trespasses on the part of defendant, during the year 1909 and 1910, plaintiff asked for $500 damages, and prayed for a perpetual injunction against defendant. A temporary injunction was issued and defendant answered,…

2Cases cited10 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Town of Marion v. SkillmanIndiana Supreme Court · 1891
  3. Bartlett v. BeardmoreWisconsin Supreme Court · 1890
  4. Fossion v. LandryIndiana Supreme Court · 1890
  5. Perkins v. FieldingSupreme Court of Missouri · 1893

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Chapman v. SchearfSupreme Court of Missouri · 1950
  2. Gover v. ClevelandMissouri Court of Appeals · 1957
  3. Connell v. BakerMissouri Court of Appeals · 1970
  4. Smith v. SantarelliSupreme Court of Missouri · 1947
  5. Leslie v. MathewsonMissouri Court of Appeals · 1953

8 more not listed; retrieve them via the Exa API.

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