Kanaga v. St. Louis, Lawrence & Western Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Hon. S. H. Woodson, Judge. The'plaintiff husband, being thus entitled to the possession, {Bryan v. Wear, 4 Mo. 112,) was the only proper party to bring ejectment.
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Appeal from Jackson Circuit Court.—Hon. S. H. Woodson, Judge. The'plaintiff husband, being thus entitled to the possession, {Bryan v. Wear, 4 Mo. 112,) was the only proper party to bring ejectment. Beal v. Harmon, 38 Mo. 438; Allen v. Hanson, 44 Mo. 263 ; Tyler on Ejectment, 168; Jackson v. McConnell, 9 Wend. 175; Jackson v. Leek, 19 Wend. 339; Chambers v. Handley, 3 J. J. Marsh. 98; Bledsoe v. Simms, 53 Mo. 305, 308; Wilson v. Garaghty, 70 Mo. 517. As he was the only proper party plaintiff, if he lay by and encouraged or permitted the company to enter upon and construct its railroad over the…
1Opinion of the CourtHenry, J.
This is an action of ejectment instituted in the circuit court of Cass county by plaintiffs, who are husband and wife, to recover a strip of land in said county, taken and held by the defendant Morrison as a right of way for the road of said company, he being the owner, by purchase, of said road.-
The petition is in the usual form, and the amended answer of Morrison, upon which the cause was tried, alleged that the company located and constructed its road from the city of Pleasant Hill, Cass county, Missouri, to the city of *211Lawrence, in the state of Kansas, and ran over the land in…
2Cases cited5 opinions
- Provolt v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Bledsoe v. SimmsSupreme Court of Missouri · 1873
- Hubbard v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1876
- Hunt v. ThompsonSupreme Court of Missouri · 1875
3Cited by23 opinions
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Dyer v. WittlerSupreme Court of Missouri · 1886
- Bradley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Brusha Et Ux. v. Board of Education of Oklahoma CitySupreme Court of Oklahoma · 1913
- Dotson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
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