Venable v. Wabash Western Ry. Co.
Decision Date | 14 November 1892 |
Citation | 20 S.W. 493,112 Mo. 103 |
Parties | VENABLE v. WABASH WESTERN RY. CO. |
Court | Missouri Supreme Court |
1. A conveyance to a railroad company of a right of way through the grantor's land, and of as much land adjacent to such right of way as may be necessary for the construction of the railroad, is a dedication to the public use, and the grantor's widow is not entitled to dower in the land so conveyed, though she did not join in the deed. 19 S. W. Rep. 45, reversed.
2. The opinion of the legal profession on a question, given and acted on for a great many years, without litigation, is evidence of what the law on such question is.
In banc. Appeal from circuit court, Chariton county; GAVON D. BURGESS, Judge.
Action for dower by Dosha J. Venable against the Wabash Western Railway Company. Judgment for defendant. Plaintiff appeals. Affirmed.
The other facts fully appear in the following statement by SHERWOOD, C. J.:
The plaintiff by her petition herein claims dower in a strip of ground 100 feet wide and 275 rods long, which the defendant company occupies as a right of way, and as incident to such claim she asks damages because of being deforced of her dower; this is, in substance, the first count of her petition. The second count of the petition seeks to recover damages by reason of the railroad of the defendant dividing the farm into irregular parcels, thereby impairing its value, and by reason of embankments thrown up in the building of the railroad, whereby about 50 acres of said land were rendered wholly untillable and worthless. The cause was tried on the following agreed statement of facts:
A. W. Mullens, Thos. Elliott, and Crawley & Son, for appellant. F. W. Lehmann and Geo. S. Grover, for respondent.
SHERWOOD, C. J., (after stating the facts.)
1. The first and the controlling question the record presents is whether the plaintiff is entitled to demand dower in the defendant company's right of way. Touching the validity of such a demand in circumstances similar to those here related, an author of recognized authority says: 1 Scrib. Dower, (2d Ed.) pp. 577, 578. And, after mentioning several adjudications in this country, sustaining the position that the widow is not dowable in such circumstances, he concludes his observations by saying: 1 Scrib. Dower, (2d Ed.) pp. 577, 578, 582.
When discussing the same question, the learned author of the work on Real Property gives expression to conforming views, thus: ...
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