Dunham v. Joyce
Supreme Court of Missouri
Appeal from Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) An easement can only be acquired by deed or grant, and there was neither in this case. Fuhr v. Bean, 26 Mo. 116; Besloge v. Pearce, 38 Mo. 588; Allen v. Mansfield, 82 Mo. 688; Bishop on Contracts [2 Ed.], sec. 1298; Pitsmanv. Boyce, 111 Mo. 387; Washburn, Easements [2 Ed.], 6 and -23; Cocker v. Cotoper, 1 Crompt.
Read the full summary
Appeal from Harrison Circuit Court. — Hon. P. C. Stepp, Judge. (1) An easement can only be acquired by deed or grant, and there was neither in this case. Fuhr v. Bean, 26 Mo. 116; Besloge v. Pearce, 38 Mo. 588; Allen v. Mansfield, 82 Mo. 688; Bishop on Contracts [2 Ed.], sec. 1298; Pitsmanv. Boyce, 111 Mo. 387; Washburn, Easements [2 Ed.], 6 and -23; Cocker v. Cotoper, 1 Crompt. M. & R. 418; Tiedéman on Real Property, sec. 600. (2) If defendant had any interest or right in the ditch it was merely permissive, or a license, and as such the licensor might revoke it at any time. Pits-man v.…
1Opinion of the CourtRobinson, J.
Plaintiff began this action in the circuit court of Harrison county, claiming damages of defendant for obstructing and damming up the head of a drain ditch on defendant’s own land, in which plaintiff claimed an easement. The petition charged, in .substance, that, in the year 1878, one Thomas B. Allen and William Allen (the then owners of the land now owned by plaintiff and defendant), together with ■others owning land in the neighborhood, for the purpose of reclaiming and draining the wet and marshy-parts of their lands, in consideration of the mutual benefits to be derived therefrom, made…
2Cited by7 opinions
- Callan v. WaltersCourt of Appeals of Texas · 1916
- Kuhlman v. StewartSupreme Court of Missouri · 1920
- Harrelson v. Kansas City & Atlantic RailroadSupreme Court of Missouri · 1899
- Farrar v. ShussMissouri Court of Appeals · 1926
- Williams v. BeattyMissouri Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.