Nelson v. Kelley
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Thomas J. Beehorn, Judge. Where a landlord has the legal right to the possession of the premises and has made a peaceable entry upon the land, he can maintain an action to enjoin a continuing trespass. 24 Cyc. 1398; Muyford v. Richardson, 6 Allan (Mass.) 77; Curl v. Lowell, 19 Pick. 25; Holly v. Brown, 14 Conn. 269; Alexander v. Hodges, 3 N. W. 417; Taylor on Landlord and Tenant, sec. 296; Tiedeman on Real Property, sec. 693.
1Opinion of the CourtEllison, J.
This proceeding was instituted by filing a bill for injunction to restrain defendant from trespassing upon plaintiff’s property or interfering with his possession thereof. A temporary writ was granted which was afterward made perpetual and defendant appealed.
It appears that plaintiff bought the property, with a two-story building thereon, from Pearl Barton, and that he took the deed in the name of his agent, Ennis, who shortly thereafter deeded it over to plaintiff. It further appears that all after proceedings were conducted by plaintiff through Ennis as his agent, and we will therefore…
2Cases cited2 opinions
- Metropolitan Land Co. v. ManningMissouri Court of Appeals · 1903
- Geer v. Boston Little Circle Zinc Co.Missouri Court of Appeals · 1907
3Cited by4 opinions
- Reproductive Health Services, Inc. v. LeeMissouri Court of Appeals · 1983
- State Ex Rel. Taylor v. AndersonSupreme Court of Missouri · 1951
- State Ex Rel. Janus v. FerrissMissouri Court of Appeals · 1961
- Special Road District No. 4 v. SteppMissouri Court of Appeals · 1928