Lowenberg v. Bernd
Cases that cite this one
12 later published cases cite this decision.
- Oliver S. Revell Estate v. Herron (Okla. 1940)
- Adams v. Chamberlin (Ga. Ct. App. 1936)
- Kolb v. Golden Rule Baking Co. (Mo. Ct. App. 1928)
- State ex rel. Crow v. City of St. Louis (Mo. 1902)
- Union Central Life Insurance v. Tillery (Mo. 1899)
- State v. Boone (Mo. Ct. App. 1894)
- Gregg v. Union Pacific Railway Co. (Mo. Ct. App. 1892)
- Tudor Iron Works v. Hitt (Mo. Ct. App. 1892)
- Brown v. Turner (Mo. 1892)
- Atchison, Topeka & Santa Fé Railroad v. Morgan (Kan. 1889)
- Hunt v. Missouri Pacific Railway Co. (Mo. 1882)
- Priestley v. Johnson (Mo. 1878)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered tbe opinion of tbe court.
Tbe plaintiff claims to be tbe owner of land upon wbicb was situate a log bouse, wbicb defendant removed, and this action is brought for tbe damages suffered. Tbe controversy arose from a disputed boundary line, each party claiming that tbe bouse was situate upon bis own land. Tbe bill of exceptions is very defective in its exhibit of evidence, and it- does not certainly appear that it was taken and signed at tbe trial term. But, waiving this, on looking into the case I find tbe claim of tbe plaintiff to be altogether inequitable. Purchasers of adjoining land are divided by what each consider tbe true line of division. One of them, with tbe knowledge of and without objection from tbe other, builds a bouse, and subsequent purchasers recognize tbe same lino. A survey, however, so changes this line as to throw tbe bouse upon tbe adjoining land, whereupon its owner moves it back within tbe last line. His neighbor, who bad hitherto sup
The Circuit Court rendered judgment for defendant, and the judgment of the District Court, reversing it, is reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.