Legal Opinion

Pierce v. Rollins

Missouri Court of Appeals

Decided January 28, 1895Published

Error to the Jackson Circuit Court. — Hon. E. L. Scabbitt, Judge. (1) The first assignment of error is that the court erred in refusing to admit in evidence the deed of trust and trustee’s deed.

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Error to the Jackson Circuit Court. — Hon. E. L. Scabbitt, Judge. (1) The first assignment of error is that the court erred in refusing to admit in evidence the deed of trust and trustee’s deed. While a tenant can not be permitted, in the absence of eviction or its equivalent, to deny the validity of the title under which his landlord puts him in possession, he can always show that the title has expired. or passed to himself or into other hands, and that he is holding in his own right or under the new owner. Higgins v. Turner, 61 Mo. 249; Chaffin v. Brockmeyer, 33 Mo. App. 92-97; Mier v.…

1Opinion

ON MOTION BOB BEHEABING.

Smith, P. J.

Our statute, sections 4645, 4646, provides that, when there shall be a judgment of dispossession given in an action for the recovery of the possession of real estate, in favor of a person having a better title thereto against the person in possession, such person may recover compensation for the improvements, provided he entered into the possession believing he had good title and made the improvements in good faith under the belief that he had good title. It has been held that the constructive notice implied from the registry of an instrument affecting the…

2Cases cited9 opinions

  1. Parker v. . BanksSupreme Court of North Carolina · 1878
  2. Wharton v. . MooreSupreme Court of North Carolina · 1881
  3. Henderson v. LangleySupreme Court of Missouri · 1882
  4. Stump v. HornbackSupreme Court of Missouri · 1887
  5. Dothage v. StuartSupreme Court of Missouri · 1864

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