Callaway County v. Nolley
Supreme Court of Missouri
Error to Callaioay Circuit Court. The lot in controversy was a part of Hockaday’s addition to the town of Eulton, in Callaway county. On the 29th August, 1835, said Hockaday filed in the office of the clerk of the circuit court of Callaway county a plat of said addition, on which this lot, square No. 203, is marked “Market square.” On the 26th November, 1844, said Hockaday and his wife deeded the said lot to the defendants as trustees of the Presbyterian church.
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Error to Callaioay Circuit Court. The lot in controversy was a part of Hockaday’s addition to the town of Eulton, in Callaway county. On the 29th August, 1835, said Hockaday filed in the office of the clerk of the circuit court of Callaway county a plat of said addition, on which this lot, square No. 203, is marked “Market square.” On the 26th November, 1844, said Hockaday and his wife deeded the said lot to the defendants as trustees of the Presbyterian church. On the 23d September, 1859, this writ was brought by Callaway county to the use of the inhabitants of Eulton, against the defendants…
1Opinion of the CourtScott, Judge
This cause in the court below was made to turn on the statute of limitations. It was maintained for the plaintiff that inasmuch as the dedication made by Irvine O. Hockaday was for the public use, a title to the lot in controversy could not be required under the statute of limitations by adverse possession. Admitting that by the plat of the addition made to the town of Fulton, the lot in question was intended for a market, it does not follow that a dedication for such a purpose was of such a character that a title to the lot dedicated could not be gained under the statute of limitations. The…
2Cases cited4 opinions
- County of St. Charles v. PowellSupreme Court of Missouri · 1856
- Roberts v. StonerSupreme Court of Missouri · 1853
- Knight v. HeatonSupreme Court of Vermont · 1850
- Funkhouser v. LangkopfSupreme Court of Missouri · 1858
3Cited by19 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Town of Freedom v. NorrisIndiana Supreme Court · 1891
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- Greenabaum v. ElliottSupreme Court of Missouri · 1875
- Falvey v. HicksSupreme Court of Missouri · 1926
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