Charter Oak Life Insurance v. Cummings
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lindley, J. Possession is actual or constructive. It follows the title, and, unless actual adverse possession, is shown, the lawful possession is presumed to be and is with the owner of the title. — Turner v. Baker, 64 Mo. 245; Moore v. Perry, 61 Mo. 174. A suit in ejectment must be in the name of the holder of the legal title; a cestui que trust cannot maintain ejectment. — Baker v. Nall, 59 Mo. 265. Ejectment can only be maintained…
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Appeal from the St. Louis Circuit Court, Lindley, J. Possession is actual or constructive. It follows the title, and, unless actual adverse possession, is shown, the lawful possession is presumed to be and is with the owner of the title. — Turner v. Baker, 64 Mo. 245; Moore v. Perry, 61 Mo. 174. A suit in ejectment must be in the name of the holder of the legal title; a cestui que trust cannot maintain ejectment. — Baker v. Nall, 59 Mo. 265. Ejectment can only be maintained on the title as it stood at the commencement of the action. — Norfleet v. Russell, 64 Mo. 176. Trespass can be.…
1Opinion of the CourtThompson, J.
This is a proceeding in equity to enjoin the execution of a writ of possession issued in pursuance of a judgment in ejectment. The case stands in the record upon the pleadings and the evidence introduced by the plaintiff, the defendant having offered no evidence. The substantial ground on which relief is sought is, that the judgment in ejectment was fraudulently concocted, in this, that the suit was not brought against the tenant of this plaintiff in actual possession at the time when this suit was commenced, but that it was brought and prosecuted to judgment against a non-resident, in whose…
2Cases cited3 opinions
- Briggs v. MunchonSupreme Court of Missouri · 1874
- Goodnough v. SheppardIllinois Supreme Court · 1862
- Banks v. . ParkerSupreme Court of North Carolina · 1879