Dale v. Faivre
Supreme Court of Missouri
Error to St. Louis Circuit Court. The facts appear in the opinion of the court. The plaintiff’s evidence did not establish a legal title by possession, or by any reasonable claim of possession, and the defendant’s motion for a non-suit ought to have been sustained. (Ad. on Eject., Tillinghast’s ed., 285; 38 Mo. 302, 435; 6 Mo. 106; 30 Mo. 99; 19 Mo. 660.)
1Opinion of the CourtBliss, Judge
The plaintiff brought her action for the possession of a lot in St. Louis, and the case was submitted to the court without any declarations of law being asked for defendant, and the finding and judgment was for the plaintiff. The defendant offered no evidence showing any right of possession, but relied upon the fact , of possession merely. After the plaintiff had submitted her evidence, the defendant asked for a non-suit, on the ground that she had shown no title to the property.
The evidence showed that the plaintiff claimed title to the lot by deed from one Payne; also that Payne held the…
2Cases cited3 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
- Jackson v. PorterU.S. Circuit Court for the District of Northern New York · 1825
3Cited by5 opinions
- Hubbard v. GodfreyTennessee Supreme Court · 1898
- White v. KellerSupreme Court of Missouri · 1893
- Oxley Stave Co. v. StaggsSupreme Court of Arkansas · 1894
- Davis v. ThompsonSupreme Court of Missouri · 1874
- Stonum v. DavisSupreme Court of Missouri · 1941