State v. Walters
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Hon. H. S. Kelley, Judge. When there is no evidence of a clear and unequivocal intention to dedicate a highway to public use, there must be an acquiescence by the owner for twenty years in the free use of the highway to authorize the presumption of an intention to dedicate the land to that use.
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Appeal from Atchison Circuit Court. — Hon. H. S. Kelley, Judge. When there is no evidence of a clear and unequivocal intention to dedicate a highway to public use, there must be an acquiescence by the owner for twenty years in the free use of the highway to authorize the presumption of an intention to dedicate the land to that use. Missouri Institute v. How, 27 Mo. 211; 3 Kent Com., 451; State v. Culver, 65 Mo. 610; Angelí on Highways, 116. No deed or express grant is necessary to a dedication of land to public use. It may be proved by any evidence which shows the intention of the owner of…
1Opinion of the CourtNorton, J.
At the January term, 1876, of the circuit court of Atchison county, the defendant was indicted for obstructing a public highway. At the May term, 1876, of said court, he was duly arraigned, pleaded not guilty, and a trial being had, was convicted. The evidence on the.part of the State showed that the road in controversy had been traveled since 1850; that in 1860 it was thrown about 150 yards south by a fence built by one Pebly; that from 1860 to December, 1875, it had been used continuously by the public as a road, and an overseer appointed over it, who had repaired it and kept it in good…
2Cases cited1 opinion
- Onstott v. MurraySupreme Court of Iowa · 1867
3Cited by22 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Zimmerman v. SnowdenSupreme Court of Missouri · 1885
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- State v. WellsSupreme Court of Missouri · 1879
- Price v. Inhabitants of BreckenridgeSupreme Court of Missouri · 1887
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