129 Mo. App. 138 | Mo. Ct. App. | 1908
In the year 1892 forty acres of land lying in the eastern part of Montgomery county was laid off in lots and blocks by the owner, platted as a townsite and named Bellflower; in the year 1894, an adjoining forty-acre tract was laid off in lots and blocks and platted as an addition to the town. In 1903 and 1904 the Chicago, Burlington & Quincy Railroad Company built a railroad touching the northwest corner of the town and running thence in a northeasterly direc
“Because the said county court was without jurisdiction to grant the relief prayed for because the petitioners therein sought to incorporate within the borders of the town of Bellflower, and within the territory described in the petition, a separate and distinct town known, platted and designated as the town of New Bell-flower, said town of New Bellflower being a separate and distinct town from the old town, not adjacent to nor joining the old town, but on the contrary separated and isolated from said old town by a farm owned by one H. B. Scott, containing forty and five hundredths acres.”
. Summarily stated the relator’s contention is that because there is a large area of farm lands embraced
“While it is true that the county courts of our State have no right to incorporate farming or agricultural lands, as such, into cities or towns, as was attempted in the McReynolds case, supra, yet lands used for agricultural purposes solely, may become so surrounded and connected with lands used for town and city purposes, as to be and constitute a part thereof, so that the incorporation of the town or city would, as a necessity, include within its natural boundaries such lands, and this court has three times held since the opinion in the McReynolds case, supra, that the inclusion of small tracts of agricultural lands within the corporate limits of the unincorporated town would not operate to defeat the corporation thus created. [State ex rel. v. Campbell, 120 Mo. 396, 25 S. W. 392; Burnes v. Edgerton, 143 Mo. 563, 45 S. W. 293, and Copeland v. City of St. Joseph, 126 Mo. 417, 29 S. W. 281.]” On this liberal construction we do not think the wedge-shaped piece of land separating the two towns ought or can defeat their incorporation as one town. The necessity of taking it into the corporation is apparent, and the fact that it is used for farm lands ought not to defeat the right of the two towns to incorporate as one. But it seems to us that under the authority of the McReynolds case, the county court exceeded its jfirisdiction by including within the boundaries of the town over six hundred acres of outlying farm land.
The point is made by defendant that quo warranto is not the proper remedy. It is also contended that the judgment of the county court is final and conclusive and cannot be disturbed except for fraud. This is a mistaken idea. It is true that had the county court acted within its jurisdiction its judgment could hot be attacked in this proceeding, except upon allegations of
For the reasons herein stated the judgment is reversed and the cause remanded, with directions to the circuit court to enter judgment for relator against defendant as prayed for in the petition.