Gillespie v. Hendren
Missouri Court of Appeals
Appeal from Harrison Circuit Court. — Ho». P. C. Stepp, Judge. (1) We insist that each instruction, given for the respondent is erroneous; first, because they do not correctly declare the law; second, because there is no evidence upon which to' base them. Lemon v. Lloyd, 46 Mo. App. 450; Boughton v. Railroad, 25 Mo.
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Appeal from Harrison Circuit Court. — Ho». P. C. Stepp, Judge. (1) We insist that each instruction, given for the respondent is erroneous; first, because they do not correctly declare the law; second, because there is no evidence upon which to' base them. Lemon v. Lloyd, 46 Mo. App. 450; Boughton v. Railroad, 25 Mo. App. 10; Goff v. Mulholland, 28 Mo. 397. (2) In this State the owner of land is not bound to keep his domestic animals upon his premises, or to fence them in, but they are allowed what is called “free range,” and he does not become a trespasser from the fact that they stray upon…
1Opinion of the CourtBroaddus, J.
This is a suit for rent of land for the year 1900. The plaintiff was the owner of a life-estate in about twenty acres of land, which was inclosed by the land of adjoining proprietors with about thirty acres of land belonging to the defendant. It had been the custom of the owners of the last-named- quantity, prior to defendant’s ownership, to use all the inclosed land without demand and payment of rent by plaintiff' *625for the value of the grazing on her share of the same. But in 1900, through her agent, Isaiah Buzzard, she claimed rent of defendant, for her portion. Buzzard testified that he had…
2Cases cited3 opinions
- Jackson v. FultonMissouri Court of Appeals · 1901
- O'Riley v. DissMissouri Court of Appeals · 1890
- Wilkinson v. WilkinsonMissouri Court of Appeals · 1895
3Cited by2 opinions
- M'cLean v. BerkabileMissouri Court of Appeals · 1907
- Williams v. TreeceMissouri Court of Appeals · 1914