Powell v. Davis
Supreme Court of Missouri
Error to Adair Circuit Court. I. Cutting timber on land, which is the only possession plaintiffs had, is not such possession as to authorize the parties cutting to maintain an action of forcible entry and detainer. (Bell vs. Cowan, 34 Mo., 251; Rouse vs. Dean, 9 Id., 301.) II. As the plaintiffs did not enter under any color of title, they were not entitled to recover any more of said land than what they had actual possession of.
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Error to Adair Circuit Court. I. Cutting timber on land, which is the only possession plaintiffs had, is not such possession as to authorize the parties cutting to maintain an action of forcible entry and detainer. (Bell vs. Cowan, 34 Mo., 251; Rouse vs. Dean, 9 Id., 301.) II. As the plaintiffs did not enter under any color of title, they were not entitled to recover any more of said land than what they had actual possession of. (Harris vs. Turner, 46 Mo., 438 ; Prewitt vs. Burnett, Id., 372.) relied on Miller vs. Northup, 49 Mo., 397, and cases cited; McCartney’s adm’r vs. Alderson, 45 Mo.,…
1Opinion of the Court
"Wagner, Judge,
delivered the 'opinion of the court.
This was an action of forcible entry and detainer brought to recover the possession of a tract of land lying in Macon county. The case was transferred by change of venue to Adair county, and on the trial there was a verdict and judgment for plaintiffs.
Both parties claimed title to the premises, the plaintiffs under Macon county, and the defendants under the Han. & St. Joe. It. It. Oo. But the only question now here for determination is, whether the plaintiffs were in such peaceable possession of the land as would enable them to maintain their…
2Cases cited4 opinions
- Miller v. NorthupSupreme Court of Missouri · 1872
- Harris v. TurnerSupreme Court of Missouri · 1870
- Bell v. CowanSupreme Court of Missouri · 1863
- Prewitt v. BurnettSupreme Court of Missouri · 1870
3Cited by6 opinions
- Cullen v. JohnsonSupreme Court of Missouri · 1930
- Bohannon v. StateSupreme Court of Alabama · 1882
- Bradley v. WestSupreme Court of Missouri · 1875
- Taylor v. ScottOregon Supreme Court · 1883
- Hinniger v. TraxMissouri Court of Appeals · 1896
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