Crigler v. City of Mexico

• Decision Date: 28 April 1903
• Citation: 101 Mo. App. 624,74 S.W. 384
• Parties: CRIGLER et al. v. CITY OF MEXICO et al.<SMALL><SUP>*</SUP></SMALL>
• Court: Missouri Court of Appeals

74 S.W. 384

101 Mo. App. 624.

CRIGLER et al. v. CITY OF MEXICO et al.^*

Court of Appeals at St. Louis, Missouri.

April 28, 1903.

MUNICIPAL CORPORATIONS — STREETS — ADVERSE POSSESSION—VALUABLE IMPROVEMENTS —INJUNCTION.

1. A county conveyed to a city for public use the streets and alleys in a certain addition, including land adversely occupied by plaintiffs' predecessors in title. Several years later the city requested one owner to recognize its right to the land, but he refused, asserting title in himself. Valuable buildings were subsequently erected on the land, and the city made no claim to the land until years later, when it sought to open an alley through the property, which would have required the destruction of the buildings. Held, that the opening of the alley was properly enjoined.

2. In a suit to enjoin a city from opening an alley through the complainant's property, where complainant was granted relief on the ground that he had acquired title by adverse possession and had made valuable improvements, a decree restraining the city "forever" from entering on the land was too broad.

Appeal from Circuit Court, Audrain County; E. M. Hughes, Judge.

Action by S. F. Crigler and others against the city of Mexico and others. From a judgment for plaintiffs, defendants appeal. Modified.

J. D. O'Rear and P. H. Cullen, for appellants. Geo. Robertson, for respondents.

Statement of Facts and Opinion.

GOODE, J.

The object of this litigation is to restrain the appellants from opening an alley 12 feet wide through the residence premises of the respondents in the city of Mexico, Mo., pursuant to an order of the city council entered December 2, 1893. Respondents' home stands at the northwest corner of Cole and Anderson streets in said city, on a lot extending back from Anderson street along the west side of Cole 12 feet north of the center of the block. The block is part of an addition to the city known as the "County Addition," which was platted in 1855. In 1856 Audrain county conveyed the streets and alleys contained in said addition to the city of Mexico for public use, and the strip of ground in question appears to have been included in the dedication, but was never opened or used by the public, as the open part of the alley stopped at the west line of respondents' premises. Respondents' ancestor built a barn, buggy shed, wood and coal house, and other valuable improvements on the premises about 1891, and there are fine shade trees on it. All these...