Dolphin v. Klann
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) "When, in making surveys of lots' and blocks, the lots are staked out upon the ground, the stakes must control. The stakes are to be regarded as controlling monuments, and if they are afterwards- removed, the point where they were previously set or located may be shown and will govern.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) "When, in making surveys of lots' and blocks, the lots are staked out upon the ground, the stakes must control. The stakes are to be regarded as controlling monuments, and if they are afterwards- removed, the point where they were previously set or located may be shown and will govern. Newell on Ejectment (Ed. 1892), pp. 568, 56-9. (2) If, in laying off the land, the grantor mistook the government line,, and the tract as laid off was marked by stakes and other monuments, the grantee took according to the lines actually run…
1Opinion of the Court
ROY, C.
This is an ejectment suit to recover possession of a strip twelve and one-half feet wide, which the plaintiff alleges is the east part of lot twenty in block two of Chamberlain’s Addition to Springfield.
The defendant claims that the strip constitutes the west part of lot twenty-one in said block.
It is agreed that plaintiff owns lots nineteen and twenty and that the defendant owns lots twenty-one and twenty-two, and the dispute is as to the boundary line.
The case was tried without a jury. On the written request of defendant, the court made a special finding-of the facts and found for…
2Cases cited7 opinions
- Knight v. ElliottSupreme Court of Missouri · 1874
- Jackson ex dem. Livingston v. FreerNew York Supreme Court · 1819
- Jones v. LeeMichigan Supreme Court · 1889
- Jackson v. ColeNew York Supreme Court · 1819
- Banker v. CaldwellSupreme Court of Minnesota · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Johnson v. McAboySupreme Court of Missouri · 1943
- Pritchard v. ReboriTennessee Supreme Court · 1916
- Mothershead v. MilfeldSupreme Court of Missouri · 1951
- Pioneer Cooperage Co. v. Bland and Foster.Missouri Court of Appeals · 1934
- Cordell v. SandersSupreme Court of Missouri · 1932
4 more not listed; retrieve them via the Exa API.