Home/Supreme Court of Missouri/Kansas City & Atlantic Railway Co. v. Smith

Kansas City & Atlantic Railway Co. v. Smith

57 S.W. 555, 156 Mo. 608, 1900 Mo. LEXIS 335
CourtSupreme Court of Missouri
DecidedJune 12, 1900
StatusPublished
Cited by4 cases

This text of 57 S.W. 555 (Kansas City & Atlantic Railway Co. v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kansas City & Atlantic Railway Co. v. Smith, 57 S.W. 555, 156 Mo. 608, 1900 Mo. LEXIS 335 (Mo. 1900).

Opinion

GANTT, P. J.

On the fifteenth day of June, 1896, the plaintiff filed in the Olay Circuit Court its petition against Henry Smith and O. M. Russell, the respondents herein, and against Eelix Yiew et ah, the appellants herein, to condemn a right of way through the two and one-half acres of southeast quarter of northeast quarter of section 23, township 50, range 33. In due course of procedure the damages were assessed at $2,934. The respondents, Smith and Russell, bought this land in 1881, and at the date of the institution of the condemnation proceeding they were in the actual and exclusive possession of the land. In order to secure distribution of the money Smith and Russell filed a motion setting up their purchase of the land in 1881, and their actual and exclusive possession, and asking that their co-defendants set up their claims, if they asserted any, to the money.

The appellants filed their claim in obedience to an order of court made pursuant to respondents’ motion; and on the first day of November, 1897, respondents filed their amended answer to appellants’ claim, and this cause was tried upon the issue tiaus joined. At the conclusion of the evidence the court instructed the jury to 'find for respondents, Smith and Russell.

The claim of respondents is based upon a record title, of which the following is a skeleton abstract:

[613]*613

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Related

State Ex Rel. McCaskill v. Hall
28 S.W.2d 80 (Supreme Court of Missouri, 1930)
Heynbrock v. Hormann
164 S.W. 547 (Supreme Court of Missouri, 1914)
Gross v. Watts
104 S.W. 30 (Supreme Court of Missouri, 1907)
Farmers' Bank v. Barbee
95 S.W. 225 (Supreme Court of Missouri, 1906)

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Bluebook (online)
57 S.W. 555, 156 Mo. 608, 1900 Mo. LEXIS 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kansas-city-atlantic-railway-co-v-smith-mo-1900.