Vossen v. Dautel
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) The grant of land bounded in part by a public road cannot raise an implied grant of a private way over other land of the grantor, in the absence of proof that some part of the land granted could not be reached from the road forming part of its boundary. The law implies a grant of a way only from¡ necessity. “Convenience, even very great convenience, is not sufficient.”
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Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) The grant of land bounded in part by a public road cannot raise an implied grant of a private way over other land of the grantor, in the absence of proof that some part of the land granted could not be reached from the road forming part of its boundary. The law implies a grant of a way only from¡ necessity. “Convenience, even very great convenience, is not sufficient.” Persons who desire ways of convenience against their grantors should stipulate therefor, and have the same inserted in their deeds. See Nichols v.…
1Opinion of the CourtBlack, P. J.
This is an appeal from a decree •enjoining the defendant from placing obstructions in a road. The questions are: Whether the alleged road is in fact a public highway, and if not, then whether it is a private way of necessity or by prescription. Prom the mass of evidence set out in the bill of exceptions, :Some of it conflicting and much of it of little or no value, we find the facts to be as follows:
*383In 1858 and prior thereto, Joseph Sullens owned 250 acres of land in St. Louis county, on which he resided. In that year, he leased the house and farming lands to the plaintiff Vossen.- Vossen…
2Cases cited1 opinion
- Cooper v. MaupinSupreme Court of Missouri · 1840
3Cited by25 opinions
- Sassman v. CollinsCourt of Appeals of Texas · 1908
- Hill v. Kennoy, Inc.Supreme Court of Missouri · 1975
- Marshall v. CallahanMissouri Court of Appeals · 1950
- Ball v. GrossMissouri Court of Appeals · 1978
- Johnson v. FergusonSupreme Court of Missouri · 1931
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