Kuhlman v. Stewart
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. Fred Lamb, Judge. (1) It is the uncontradicted testimony that the ditch closed by respondent was constructed across appellant’s and respondent’s land by the joint labor and expense of appellant and the former owner of respondent's land, and with the full knowledge and permission chaser for valuable consideration with an irrevocable across respondent’s land pursuant to permission given to him by the then owner and with his…
Read the full summary
Appeal from Chariton Circuit Court. — Hon. Fred Lamb, Judge. (1) It is the uncontradicted testimony that the ditch closed by respondent was constructed across appellant’s and respondent’s land by the joint labor and expense of appellant and the former owner of respondent's land, and with the full knowledge and permission chaser for valuable consideration with an irrevocable across respondent’s land pursuant to permission given to him by the then owner and with his assistance, complainant did not become a mere licensee, but is -a purof the then owner. Since the complainant cut the ditch…
1Opinion of the CourtGraves, J.
Plaintiff (appellant) and defendant (respondent) are adjoining land-owners in Chariton County. Plaintiff had owned his land for many years, whilst defendant had owned his for some year or more. Plaintiff claims (by his petition) that by agreement with defendant’s predecessors in title, there was constructed by the two owners a joint ditch and waterway, the purpose of which was to carry off the surface water which, after heavy rains, accumulated upon their lands; that such ditch or waterway was constructed at the joint expense of the two adjoining land owners; that a part of such ditch or…
2Cases cited2 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Dunham v. JoyceSupreme Court of Missouri · 1895
3Cited by13 opinions
- Gardner v. MaffittSupreme Court of Missouri · 1934
- Jacobs v. BrewsterSupreme Court of Missouri · 1945
- Gibson v. SharpMissouri Court of Appeals · 1955
- Zinser v. LucksSupreme Court of Missouri · 1951
- George v. CrosnoMissouri Court of Appeals · 1952
8 more not listed; retrieve them via the Exa API.