Crossett v. Ferrill
Supreme Court of Missouri
Appeal from Olay Circuit Court. — How. J. W. Alex- ■ wider, Judge. When two adjoining proprietors are divided by a fence which they suppose to be the true line, or which is built in ignorance of the true line, each claiming only to the true line, they are not bound by the supposed line, but must conform to the true line when ascertained.
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Appeal from Olay Circuit Court. — How. J. W. Alex- ■ wider, Judge. When two adjoining proprietors are divided by a fence which they suppose to be the true line, or which is built in ignorance of the true line, each claiming only to the true line, they are not bound by the supposed line, but must conform to the true line when ascertained. St. Louis University v. McCune, 28 Mo. 481; Schad v. Sharp, 95 Mo. 573; Brummell v. Harris, 162 Mo. 397; McCabe v. Buere, 153 Mo. 1; Roecker v. Haperla, 138 Mo. 33. This is especially true, where (as in this case) the adjoining owners ascertaining- that the…
1Opinion of the CourtWoodson, J.
This is a suit in ejectment, instituted by the plaintiff, in the circuit court of Clay county, against tbe defendant, to recover a strip of land thirty feet wide off of the south side of the southwest quarter of the northeast quarter of section five, township fifty-two, range thirty, of said county.
The petition was in the usual form, and the answer was a general denial.
The cause was tried before the court, without the intervention of a jury; and the findings and judgment were for the defendant; and, after an unsuccessful motion for a new trial, he brought the case to this court by appeal.
The…
2Cases cited1 opinion
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
3Cited by8 opinions
- Strauchon v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- E. R. Darlington Lumber Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Swanson, Inc. v. Central Surety & InsuranceSupreme Court of Missouri · 1938
- Waters v. Bankers Life Assn.Missouri Court of Appeals · 1932
- Central States Savings & Loan Ass'n v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1933
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