Joseph L. Koviak and Margaret M. Koviak V. Book Reviews

Joseph L. Koviak and Margaret M. Koviak V. by Supreme Court of Missouri Book Summary

Plaintiffs brought suit to quiet the title to a one-hundred foot strip of abandoned railroad right of way adjoining a tract
of ground owned by them. The trial court entered judgment quieting title to the abandoned right of way in plaintiffs unencumbered
by an easement claimed by defendant Union Electric Company. From that action defendants appealed. The real estate in dispute situated in St. Louis County is a smaller parcel of a larger tract originally conveyed in 1889
to Mary E. Doak for life with the remainder to the heirs of her body. In 1902 by condemnation the St. Louis Belt and Terminal
Railway Company acquired a right of easement in a two hundred foot strip across the property then owned by Mary Doak and her
heirs. Mary Doak died in 1942. Her sole heirs were two daughters, Emily Sutton and Gladys Schnatzmeyer. On April 4, 1953,
Emily Sutton and Gladys Schnatzmeyer conveyed to Harry and Marie Lattrace by a metes and bounds description a parcel of land
lying to the south of the land encumbered by the two hundred foot railroad right of way easement, which is the subject of
this litigation. The conveyance to the Lattraces of 1.971 acres of ground referred to the existing railroad right of way and
used the southerly boundary of the right of way as the northerly boundary of the property conveyed to the Lattraces. Title
remained in the Lattraces until September 1, 1959, at which time Marie Lattrace conveyed (Harry having earlier died) by the
same metes and bounds description as in her deed from Sutton and Schnatzmeyer to Joseph L. Koviak and Margaret M. Koviak,
plaintiffs herein. There was never any conveyance of the railroad right of way to plaintiffs. The only mention of it was as
one of the boundaries of the tract conveyed.

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Joseph L. Koviak and Margaret M. Koviak V. (Supreme Court of Missouri) Book Reviews 2024

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