Metz v. Schneider
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. (1) Metz never had been in possession .of this property and therefore could not maintain unlawful detainer. Ford v. Fellows, 34 M'o. App. 630; McCartney v. Alderson, 45 Mo. 35; Long v. Noe, 49 M'o. App. 19; Stewart v. Miles, 80 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. Moses N. Sale, Judge. (1) Metz never had been in possession .of this property and therefore could not maintain unlawful detainer. Ford v. Fellows, 34 M'o. App. 630; McCartney v. Alderson, 45 Mo. 35; Long v. Noe, 49 M'o. App. 19; Stewart v. Miles, 80 Mo. App. 24. (2) Where a wife who has been abandoned, continues to reside with her children upon the homestead established while she and her husband were living together, such residence continues to be the homestead and homestead rights can still be asserted by the wife in and to such property.…
1Opinion of the CourtBland, P. J.
The action was unlawful detainer to recover the possession of certain described premises, situated in the city of St. Louis. The suit was commenced before a justice of the peace and in due course appealed to the circuit court, where on a trial de nono to the court without a jury, judgment was rendered for the defendant. At the request of the plaintiff the trial judge made a special finding of the facts. His findings are as follows:
“Sometime in the year 1899, John Schneider bought the house, numbered 1942 Withnell avenue, being situated .on lot No. 30 of Concordia place, and in city block…
2Cases cited4 opinions
- School District Number 4 v. HolmesMissouri Court of Appeals · 1893
- Gladney v. BerkleyMissouri Court of Appeals · 1898
- Long v. NoeMissouri Court of Appeals · 1892
- Ford v. FellowsMissouri Court of Appeals · 1889