Matson v. Calhoun
Supreme Court of Missouri
Error to Fourth District Court. Improvements and buildings erected on the land of another become the property of the land-owner. (1 Washb. on Real Prop. 4 ; Crest v. Jack, 3 Watts, Penn., 239 ; West v. Stewart, 7 Penn, St. 122.) And defendant in this suit was guilty of trespass in throwing down the fence and removing the rails. (2 Greenl. Ev. § 617; 28 Mo. 556.) This is so, even if the fence had been placed there by a license from plaintiff. (Prince v.Case, 2 Am. Lead.
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Error to Fourth District Court. Improvements and buildings erected on the land of another become the property of the land-owner. (1 Washb. on Real Prop. 4 ; Crest v. Jack, 3 Watts, Penn., 239 ; West v. Stewart, 7 Penn, St. 122.) And defendant in this suit was guilty of trespass in throwing down the fence and removing the rails. (2 Greenl. Ev. § 617; 28 Mo. 556.) This is so, even if the fence had been placed there by a license from plaintiff. (Prince v.Case, 2 Am. Lead. Cas. 527; Benedict v. Benedict, 5 Day, 464-9.) cited Chouteau et al. v. Goddin et al., 39 Mo. 250, 251, and cases there…
1Opinion of the CourtCurrier, Judge
These parties were adjoining land-owners. In 1858 the defendant erected a rail fence upon a line dividing his lands from the lands of the plaintiff, as he supposed and believed. A subsequent survey, however, disclosed the fact that the fence was built upon the plaintiff’s land, a rod or more from the true line of division separating the two lots. The defendant thereupon removed the fence back to its true position. The fence having been built upon the plaintiff’s lands, he claims the rails composing it as his property, and sues for their value. The defendant claims to have placed the fence…
2Cases cited2 opinions
- Fuhr v. DeanSupreme Court of Missouri · 1857
- Chouteau v. GoddinSupreme Court of Missouri · 1866
3Cited by9 opinions
- Brown v. BaldwinSupreme Court of Missouri · 1894
- Long v. CudeCourt of Appeals of Texas · 1889
- Lowenberg v. BerndSupreme Court of Missouri · 1871
- Hunt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Alamance Lumber Co. v. EdwardsSupreme Court of North Carolina · 1940
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