Davis v. Lea
Supreme Court of Missouri
Appeal from Randolph. Circuit Court. — Hon. A. W. Walker, Judge. (1) Where the only defense is that the parties agreed to a division line and that, defendants acted on that agreement without protest from plaintiff and for that reason, plaintiffs are estopped, that is the only issue that can he tried. And where the court finds there was no agreed line, the defense fails.
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Appeal from Randolph. Circuit Court. — Hon. A. W. Walker, Judge. (1) Where the only defense is that the parties agreed to a division line and that, defendants acted on that agreement without protest from plaintiff and for that reason, plaintiffs are estopped, that is the only issue that can he tried. And where the court finds there was no agreed line, the defense fails. Swinehart v. St. L. Sub., 207 Mo. 423. (2) Defendants and all of those through whom they claim had actual notice that the boundary line might not be at point in curb for crossing, and all are bound by that notice. True the…
1Opinion of the CourtGraves, J.
— Plaintiffs and defendants (the Lea’s) are adjoining property owners in the city of Moberly, Missouri. The common source of title is Viola Straley Haynes. By this we mean that she was the original owner of the lots now owned by plaintiffs and defendants respectively. The properties involved are both in the west 69-foot strip off of lot 3 in out-lot 3 in Hunt and Godfrey’s Addition to Moberly. The attached plat in plaintiff’s brief will serve to illustrate the situation.
Prior to August, 1911, Viola Straley Haynes owned the south 175 feet of the 69-foot strip facing upon Epperson Street. In…
2Cases cited1 opinion
- Schneider v. SchneiderSupreme Court of Missouri · 1920
3Cited by10 opinions
- Jacobs v. BrewsterSupreme Court of Missouri · 1945
- Rains v. MoulderSupreme Court of Missouri · 1936
- Missouri State Oil Co. v. PessinaSupreme Court of Missouri · 1950
- Rosenbloom v. GrossmanSupreme Court of Missouri · 1961
- Karsznia v. KelseySupreme Court of Missouri · 1953
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