Hargis v. Kansas City, Clinton & Springfield Railway Co.
Supreme Court of Missouri
Appeal from Cass Circuit Court.—Hon. C. W. Sloan, Judge. (1) ' Defendant’s predecessor entered upon the land in question and constructed its railroad there with permission and under a grant of right of way from Gr. W. Browning, the then owner, and it and its successors, including defendant, have ever since maintained and operated said railroad. Therefore neither said Browning nor any of his successors in estate could maintain ejectment of said land.
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Appeal from Cass Circuit Court.—Hon. C. W. Sloan, Judge. (1) ' Defendant’s predecessor entered upon the land in question and constructed its railroad there with permission and under a grant of right of way from Gr. W. Browning, the then owner, and it and its successors, including defendant, have ever since maintained and operated said railroad. Therefore neither said Browning nor any of his successors in estate could maintain ejectment of said land. Sedgwick and Wait on Trial of Title to Land [2 Ed.] secs. 834, 676; Pryzbylowicz v. Railroad, 3 McCrary, 586; McAuley v. Railroad, 33 Yt. 311;…
1Opinion of the CourtRay, C. J.
This is an action of ejectment in common form, brought in March, 1886, in the circuit court of Cass county. On its face the petition seeks to recover the described quarter section, but the answer of defendant disclaims all interest therein, except as to the strip or right of way of one • hundred feet in width. As to this strip or right of way, defendant sets up and claims that in 1870 or 1871 its predecessor in title entered and *216located and constructed the railroad thereon with the knowledge and consent, and by agreement with the then owner of said land, and in accordance with said agreement…
2Cases cited2 opinions
- Campbell v. Indianapolis & Vincennes RailroadIndiana Supreme Court · 1887
- Prather v. Western Union Telegraph Co.Indiana Supreme Court · 1883
3Cited by13 opinions
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Boyce v. Missouri Pacific RailroadSupreme Court of Missouri · 1902
- Omaha & Republican Valley Railway Co. v. RickardsNebraska Supreme Court · 1894
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HuddlestonIndiana Court of Appeals · 1899
- Rosenberger v. Wabash RailroadMissouri Court of Appeals · 1902
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