Legal Opinion

Renshaw v. Lloyd

Supreme Court of Missouri

Decided July 15, 1872PublishedCited by 7 opinions

Appeal from Moniteau Circuit Court. cited Wynn v. Cory, 43 Mo. 301; Hewitt v. Harvey, 46 Mo. 368. If this was a trespass suit, whether under the statute or at common laAV, the petition should have shown actual possession' to let in the proof offered. (1 Chit. PI. 162, 180 ; 2 Greenl., § 613; SedgAv. Dam. 134, 139, 147-8, 154-5.)

1Opinion of the CourtAdams, Judge

This was an action for trespass on lands. The petition alleges that “ on the 18th of November, 1870, at the county of Moniteau, in the State of Missouri, the defendants, without leave and Wrongfully, entered on the northeast quarter of the northeast quarter of section 18, toAYnship 45, range 16, of which the plaintiff was then the OAvner, and then and there tore down the fences of plaintiff and scattered his rails, and left his fields open and exposed, by Avhich acts and doings of the defendants the plaintiff was damaged in the sum of one hundred dollars, for which he asks judgment.” The…

2Cited by7 opinions

  1. Barnhart v. RipkaMissouri Court of Appeals · 1956
  2. Crenshaw v. UllmanSupreme Court of Missouri · 1893
  3. Hammontree v. HuberMissouri Court of Appeals · 1890
  4. Holladay-Klotz Land & Lumber Co. v. T. J. Moss Tie Co.Missouri Court of Appeals · 1899
  5. Eastin v. JoyceMissouri Court of Appeals · 1900

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