St. Louis-San Francisco Ry. Co. v. King

• Decision Date: 02 April 1932
• Docket Number: No. 29736.,29736.
• Citation: 50 S.W.2d 94
• Parties: ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Corporation, Appellant, v. F.C. KING.
• Court: Missouri Supreme Court

50 S.W.2d 94

ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY, a Corporation, Appellant, v. F.C. KING.

No. 29736.

Supreme Court of Missouri.

Division One, April 2, 1932.

Appeal from Phelps Circuit Court. — Hon. W.E. Barton, Judge.

REVERSED AND REMANDED.

E.T. Miller and Phil M. Donnelly for appellant.

(1) The Statute of Limitations does not run against the land of a railroad corporation used for right of way, depot and station grounds. Sec. 14, Art. XII, Constitution of Missouri, provides "railroads heretofore constructed or that may hereafter be constructed in this State are hereby declared public highways, and railroad companies common carriers. The General Assembly — etc." Sec. 859, R.S. 1929, provides as follows: "Nothing contained in any statute of limitation shall extend to any lands given, granted, sequestered or appropriated to any public, pious or charitable use, or to any lands belonging to this State." This section went into effect August 1, 1866. "The acquiring of land by a railroad for a right of way and station grounds in an appropriation to a public use." City of Laddonia v. Day, 265 Mo. 383, 178 S.W. 741, and also cases cited on page 743 of 178 S.W. "And a person entering thereon cannot acquire title by adverse possession." Ry. v. Baker, 183 Mo. 312. "The use of land for depot grounds is an appropriation of the land to a public use within the meaning of the Constitution and statute." Ry v. Baker, 183 Mo. 322, and cases there cited. "And the sale of lots by reference to such a plat constitutes it a good dedication, even if there had been an incomplete dedication by plat." Ry. v. Baker, 183 Mo. 322, and cases there cited. In the case at bar Samuel Copp, Jr., trustee, conveyed to Phelps County lots A and B in the northeast quarter of the northeast quarter of section 11, township 37, range 8, and the deed contained the words, "as said lots are laid down in the plat annexed to and made a part of this deed." Thereafter lot A was platted to blocks and contained all of blocks 51 and 56, the east half of blocks 52 and 55, and lot 1 of block 57 of the County Addition to the City of Rolla. In other words, we have lot A definitely platted and the eastern boundary line of blocks 51 and 56 is the western boundary line of the right of way of the railroad company between Ninth and Eighth streets west of the tracks, running from the northeast to the southwest. In the case of Ry. v. Baker, 183 Mo. 323, the court made the following comment: "The only remaining question is whether the defendant Baker has acquired title to the premises by limitation." The acquirement by a railroad company of land for its right of way, depot and station grounds is an appropriation of the land to a public use, and hence under the statute ("nothing contained in any statute of limitation shall extend to lands given, granted, sequestered or appropriated to any public, pious or charitable use, or to any lands belonging to this State") a citizen cannot acquire title to a part of the right of way by adverse possession. Hannibal & St. Joseph Rd. Co. v. Totman, 149 Mo. 657. The statute above quoted is the same as Sec. 859, R.S. 1929. The Statute of Limitations does not apply to lands belonging to a railroad company, as they are properly appurtenant to the operation of the railroad. And in this case it is held that land on which is a depot for the loading and unloading of stock is property appurtenant to such operation, and hence ten years' adverse possession thereof does not give the private occupant title. In order for land owned by a railroad and designated by it as a part of its right of way, or as appurtenant thereto, to be appropriated to public use so as to entitle the railroad company to claim it as against one who enters upon it and erects public improvements thereon, it is not necessary for the company to actually use it as a right of way or depot grounds or stock yards, etc., for if it falls within the designation the company is not required to actually occupy it until it becomes necessary or desirable for it to do so. St. Joseph, St. Louis & Santa Fe Ry. v. Smith, 170 Mo. 327. (2) It was error for the court to refuse the declaration of law lettered "A" for the reason, as explained in said declaration, that although the defendant may have entered into the possession of the land in question and made valuable improvements thereon, said defendant cannot acquire title to said land by adverse possession as against the right of the plaintiff Railroad Corporation to hold said land for right of way purposes or station grounds. The authorities cited under points one and two fully support this contention without again repeating said authorities. Declarations of law "B," "C" and "D" are all based upon the same theory. Declaration lettered "B" should have been given and judgment entered for plaintiff, because this declaration of law followed the necessary allegations in an ejectment case and was fully supported by the evidence and the law applicable thereto. The authorities cited under points 1 and 2 announce the rule of law in this state with reference to the question of the Statute of Limitation not running against land acquired by railroad for right of way and station grounds for the reason that it is an appropriation to a public use, as declared by Sec. 14, Art. XII of the Constitution of Missouri, and also Sec. 859, R.S. 1929.

W.D. Jones, E.W. Allison and Barton & Moberly for respondent.

(1) Only such land as is given, granted, sequestered, or appropriated to public use is exempt from the operation of the Statute of Limitations. R.S. 1929, sec. 859; Railroad v. Totman, 149 Mo. 657. (2) Whether or not a given tract is so dedicated or appropriated is a question of fact, and when the matter has been determined by a jury or by the court as a trier of the facts, and the finding is based on substantial evidence, the parties are concluded. Railroad v. Dillard, 43 S.W. (2d) 1034; Wood v. Johnson, 264 Mo. 289; Albert v. Dolan, 27 S.W. (2d) 439; 2 R.C.L. 206; 7 R.C.L. p. 42; 56 A.L.R. 734; 72 A.L.R. 718; 4 C.J. 777-8. (3) Whether occupant of land has acquired title by adverse possession is a question of fact, and a finding based on substantial evidence will conclude the parties. Railroad v. Dillard, 43 S.W. (2d) 1034; Albert v. Dolan, 27 S.W. (2d) 439. (4) On appeal, the evidence will be given its most favorable construction to sustain the findings of the trial court. Bank v. Ins. Co., 260 S.W. 822; Railway v. Dillard, 43 S.W. (2d) 1034; Winfrey v. Matthews, 174 Mo. App. 713; 2 R.C.L. 207; 4 C.J. 777. (5) One who acquiesces in another erecting permanent and valuable improvements to real estate under apparent claim of title is estopped from afterwards claiming title to such land. 21 C.J. 1216. (6) Where evidence concerning an estoppel is conflicting, it is a question of fact to be weighed by the jury or the court sitting as a jury. 21 C.J. 1253. (7) In this case there was substantial evidence to support the findings: (a) That the land involved was not devoted to public use. (b) That title to the real estate in suit was vested in respondent by operation of the Statute of Limitations. (c) That appellant was estopped to deny respondent's title.

HYDE, C.

This is an action in ejectment to recover a triangular strip of ground, which plaintiff claims is a part of its right of way, in the city of Rolla. Samuel Copp, as trustee for the Pacific Railroad, under which plaintiff claims title, was granted 40 acres of land by the United States government in 1858. This land was described as the northeast quarter of the northeast quarter of section 11, township 37, range 8. Copp, in the same year, conveyed to Phelps County a triangular tract, in the northwest corner of this 40-acre tract, containing about 3 1/2 acres. The northeast corner of this triangular strip was 424 feet east of the northwest corner of the 40-acre tract and its southeast corner was 737 feet south of it. The proposed railroad right of way ran diagonally southwest along the east side of the tract. The consideration for the conveyance of this land, and other land in the south part of the 40-acre tract, on the other side of the right of way, was that the county establish its county seat at Rolla. In 1861, Copp, as such trustee, with the Pacific Railroad joining in the deed, conveyed to one Stancliff all of the rest of the 40-acre tract, except:

"A strip of land lying on each side of and including the road bed and depot grounds of the southwest branch of the Pacific Railroad, said strip of land commencing at a point where the Railroad track enters the north section line of said piece of land and being fifty feet wide on the east side of the center line of the railroad track and two hundred and fifty feet wide on the west side of the center line of said railroad track and continuing a uniform width to a point where said railroad track strikes Seventh street as the same is laid down on the plat of the town of Rolla."

By deed dated January 17, 1872, Copp, as trustee for the Pacific Railroad, conveyed this excepted strip to its successor, the Atlantic and Pacific Railroad, by this same description. Prior to that date, there had been platted, what was known as the county addition to the town of Rolla. The 3 1/2 acre triangular strip, in the northwest quarter of the 40-acre tract, was included in this addition. The original plat of this addition is not in the record furnished us. However, from other plats in the record it appears that this county addition also included part of the next 40-acre tract west of the one Copp held as trustee for the railroad. The west half of blocks 52 and 55 are in that 40 acre tract and the east half of these two blocks are in the 3 1/2 acre triangular strip in the northeast quarter of the northeast quarter. Tenth Street was laid out along the north line of the section. Ninth Street, upon which defendant's property fronts, is near the center of the 3 1/2 acre...