Downing v. Dinwiddie
Supreme Court of Missouri
Appeal from Boone Circuit Court.— Hon. John A. Hockaday, Judge. (1) Under the evidence the statutes of limitations did not obtain and the court erred in finding that they did. Gordon v. Bans, 97 Mo. 587; Handlan v. McMannus, 100 Mo. 124; House v. Montgomery, 19 Mo.
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Appeal from Boone Circuit Court.— Hon. John A. Hockaday, Judge. (1) Under the evidence the statutes of limitations did not obtain and the court erred in finding that they did. Gordon v. Bans, 97 Mo. 587; Handlan v. McMannus, 100 Mo. 124; House v. Montgomery, 19 Mo. App. 170. (2) There is some evidence tending to show that the defendants thought that under their deed they were the owners of the strip of ground, and some evidence tending to show that Miss Lou Wright had the same impression. But this claim made by defendants was under the deed and not adverse to it. This was a mutual mistake,…
1Opinion of the CourtBaeclay, J.
The case opens with a petition for injunction to restrain defendants from obstructing a private alley or passage way which plaintiff claims the right to use as part of a lot which he owns in Columbia, Missouri.
*95The defense is the statute of limitations, under ■which defendants claim exclusive title to the part of plaintiff’s lot on which the alley is located.
The parties are neighbors. Their respective positions are indicated by the accompanying diagram.
A number of facts are admitted. They form the groundwork of the case, which being equitable in nature requires at our hands a review of the…
2Cases cited3 opinions
- Glaessner v. Anheuser-Busch Brewing Ass'nSupreme Court of Missouri · 1890
- Lathrop v. ElsnerMichigan Supreme Court · 1892
- Green v. GoffIllinois Supreme Court · 1894
3Cited by6 opinions
- Thompson v. HodgeMissouri Court of Appeals · 1961
- Kansas City v. ScarrittSupreme Court of Missouri · 1902
- Budget Rent-A-Car of Missouri, Inc. v. B & G Rent-A-Car, Inc.Missouri Court of Appeals · 1981
- Rabich v. StoneMissouri Court of Appeals · 1909
- Budget Rent-A-Car of Missouri, Inc. v. B & G Rent-A-Car, Inc.Missouri Court of Appeals · 1981
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