Bell v. Cowan
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. I. Forcible entry upon and trespassing by cutting and moving timber from land, will not support an action of forcible entry and detainer under the statute of this State. (Rowse v. Dean, 9 Mo. 298; Warren v. Ritter, 11 Mo. 854; Tipton v. Swayne, 4 Mo. 98.) The remedy for the act committed by Cowan, supposing the right and title to the land to have been in Bell, was trespass quare clausum fregit. II.
Read the full summary
Appeal from Jefferson Circuit Court. I. Forcible entry upon and trespassing by cutting and moving timber from land, will not support an action of forcible entry and detainer under the statute of this State. (Rowse v. Dean, 9 Mo. 298; Warren v. Ritter, 11 Mo. 854; Tipton v. Swayne, 4 Mo. 98.) The remedy for the act committed by Cowan, supposing the right and title to the land to have been in Bell, was trespass quare clausum fregit. II. The 1st and 2d instructions prayed for by Cowan ought to have been given by the court to the jury. The law was rightly propounded. The court was requested to…
1Opinion of the CourtBay, Judge
This was an action of forcible entry and detainer brought before a justice of the peace of the county of Jefferson. The defendant was found guilty, whereupon he appealed to the Circuit Court, and being again found guilty, he appeals to this court. The bill of exceptions shows, that several in*253structions were given at the instance of the plaintiff, but they are not copied in the record, as they are supposed to have been lost or mislaid by the jury.
The following instructions were asked by the defendant and refused:
1. The court charges you, as a matter of law, that unless the complainant has…
2Cases cited1 opinion
- Orrick v. St. Louis Public SchoolsSupreme Court of Missouri · 1862
3Cited by6 opinions
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
- Powell v. DavisSupreme Court of Missouri · 1873
- Prendergast v. GravermanMissouri Court of Appeals · 1912
- Graham v. ConwayMissouri Court of Appeals · 1902
- Jennings v. RobinsonMissouri Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.