Home/Supreme Court of Missouri/Kansas City & Northern Connecting Railroad v. Baker

Kansas City & Northern Connecting Railroad v. Baker

82 S.W. 85, 183 Mo. 312, 1904 Mo. LEXIS 226
CourtSupreme Court of Missouri
DecidedJuly 1, 1904
StatusPublished
Cited by16 cases

This text of 82 S.W. 85 (Kansas City & Northern Connecting Railroad v. Baker) 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 & Northern Connecting Railroad v. Baker, 82 S.W. 85, 183 Mo. 312, 1904 Mo. LEXIS 226 (Mo. 1904).

Opinion

MARSHALL, J.

This is a proceeding under article 7, chapter 12, Revised Statutes 1899, to condemn, for railroad purposes, a certain parcel of land lying in the town of Osborn, in DeKalb county, and bounded on the north by Baker street, on the south by the one-hundred-foot right-of-way of the Hannibal and St. Joseph Railroad, on the east by Clinton street, and on the west by Hunt street. The property has a front of three hun[317]*317-dred and twenty-five feet on the south, line of Baker street and substantially the same frontage on the north line of said railroad right-of-way^ a front of sixty-two feet on the east line of Hunt street, and a front of about eighty-three feet on west line of Clinton street.

The plaintiff is a railroad corporation, duly organized under the laws of this State. The Hannibal & St. Joseph Railroad Company is a railroad corporation organized under special acts of the General Assembly of this State, approved January 27,1837, ancl February •16, 1847. The defendant Baker is a civil engineer, and in 1858 had charge of the western division of the Hannibal & St. Joseph railroad. At that time John Duff and William Osborn were members of the firm of Duff & Co., who were the contractors for the construction of the Hannibal & St. Joseph railroad. J. T. K. Hayward was the land agent of said railroad. Baker, Duff, Osborn and Hayward were authorized by the railroad to select townsites and station grounds along the line of railroad. By an act of Congress the railroad had been granted a right-of-way one hundred feet wide running nearly east and west through the southeast quarter of section 15, and the southwest quarter of section 14 of township 57, range 31, in DeKalb county. By an act of Congress approved June 10, 1852, the Government donated to the railroad, to aid in its construction, every alternate section of land, designated by even numbers, for six sections on each side of the railroad, and under this grant the railroad acquired section 14 of township. 57, range 31, in DeKalb county, and section 22 of township 57, range 31, in Clinton county. Charles Birch became the patentee, after the railroad right-of-way had been donated, of the southeast quarter of section 15 aforesaid, and some time prior to 1858 he conveyed the same to the defendant Baker. It appears, however, that Duff & Co. had furnished one-half of the money to buy said quarter section from Birch, so by deed, dated October 6, 1857, Baker conveyed a half interest in said quarter section

[318]*318to John Duff. Thereafter Duff conveyed the same to John L. Lathrop in trust for John M. Forbes, John Duff and! J ohn W. Brooks, or the survivor of them, by deed dated September 14, 1859. Thereafter, Brooks and Duff having died, Forbes, by virtue of the power conferred upon him by the deed, appointed J. Henry Brooks and Nathaniel H. Stone as their successors in' said trust estate, and they three, on April 16; 1895, gave a power of attorney to H. B. Scott to sell the land, and on April 18, 1898, said attorney in fact conveyed the' same to the Hannibal & St. Joseph Railroad Company. Thus the Hannibal & St. Joseph Railroad acquired title to an undivided one-half interest in the southwest quarter of said section 15.

"To revert, now to 1858. In June and July, 1858, Henry Baker and J ohn Duff owned each an undivided one-half of the southeast quarter of section 15. William Osborn owned the northwest quarter of section 23, and the Hannibal & St. Joseph Railroad Company owned the southwest quarter of section 14 and the northeast quarter of section 22, all in township 57, range 31, and lying as aforesaid partly in DeKalb and partly in Clinton counties.

BaJrer, Duff, Osborn and Hayward being authorized to select townsites and depot grounds along the line of the railroad as aforesaid, determined to lay out the town of Osborn, which would be located partly in each of said quarter section of sections 15, 14, 23 and 22 aforesaid. They accordingly laid out the town by making, executing and recording a plat thereof, showing the blocks, lots, streets, and the ground reserved for other public purposes. On that plat there appeared a parallelogram seven hundred and fifty feet long by about two> hundred and sixty-five feet wide, lying between Baker street on the north and Platte street on the south, Carpenter street on the east and Hunt street on the west,- with Clinton street running north and south through the center thereof, and the Hannibal & St. Joseph Railroad Com[319]*319pany’s right-of-way miming substantially through the center thereof from east to west. This parallelogram was marked on the plat of the town of Osborn, “Reserved for Depot Grounds.” A plat of that portion of the town is here reproduced on the opposite page.

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Bluebook (online)
82 S.W. 85, 183 Mo. 312, 1904 Mo. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kansas-city-northern-connecting-railroad-v-baker-mo-1904.