Anderson v. Twp. Bd. of Myrtle Twp.

• Decision Date: 31 October 1881
• Parties: ANDERSON, Appellant, v. THE TOWNSHIP BOARD OF MYRTLE TOWNSHIP.
• Court: Missouri Supreme Court

75 Mo. 57

ANDERSON, Appellant,

v.THE TOWNSHIP BOARD OF MYRTLE TOWNSHIP.

Supreme Court of Missouri.

October Term, 1881.

Appeal from Adair Circuit Court.--HON. J. W. HENRY, Judge.

AFFIRMED.

James Ellison for appellant.

W. R. McQoid and E. V. Wilson for respondent.

HOUGH, J.

This is an appeal from certain proceedings instituted before the township board of Myrtle township, Knox county, under the act of March 24th, 1873, in relation to township organization, for the purpose of establishing a public road in said township. On appeal to the county court it was adjudged by that tribunal that the road sought to be established was of public utility, and that it be declared a public highway, as follows: “Beginning at the northwest corner of section 35 and the southwest corner of section 26, and running thence east on the section line between said sections 35 and 26 one mile, at which point it reaches and comes to the northwest corner of section 36 and the southwest corner of section 25, and to continue from said corner of sections 36 and 25 east on the section line between said sections 36 and 25 one mile, terminating at the northeast corner of section 26, where it intersects the road running north and south on the county line between Lewis and Knox counties; all of said road in township 62, range 10--the road to be forty feet wide; and that Alexander Anderson, plaintiff, be allowed damages in the sum of $30, after making due allowance for the advantages and disadvantages of said road to him; and that the action of the township board in the location of the road is hereby affirmed.” On appeal to the circuit court, the judgment of the county court was affirmed, and said road was established as follows: “Commencing at the northwest corner of section 35 and the southwest corner of section 26, and running thence east on the section line between said sections 35 and 26, one mile, at which point it reaches and comes to the northwest corner of section 36 and the southwest corner of section 25, and to continue from said corners of said sections 36 and 25 east on the section line between said sections 36 and 25 one mile--said road to terminate at the northeast corner of section 36 and the southeast corner of section 25 where it intersects with the road running north and south on the county line between Knox and Lewis counties; all of said land over which said described road is to pass is situated in township 62, range 10 west, in Knox county, State of Missouri. And the court finds from the record in this cause that the plaintiff has sustained damages in the location and establishment of said road as allowed by the county court in the sum of $--. It is, therefore, ordered and adjudged by the court that the plaintiff have and recover off of the defendant, Myrtle township, Knox county, Missouri, said sum of $--, and on the payment of the same to plaintiff it is ordered that said road be opened, and on failure of plaintiff to open the same that the defendant have its lawful process and proceedings to open and establish the same. It is further ordered and...