Moore v. Shoup
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. William B. Teasdale, Judge. (1) Declarations of one in possession of property explanatory of his possession, as that he held in his own right or as tenant or trustee, is admissible for that purpose. Railroad v. Clark, 68 Mo. 874; Harper v. Morris, 114 Mo. 325. (2) Declarations by one in possession of real property concerning the nature of his occupancy, are admissible as res gestae.
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Appeal from Jackson Circuit Court. — Eon. William B. Teasdale, Judge. (1) Declarations of one in possession of property explanatory of his possession, as that he held in his own right or as tenant or trustee, is admissible for that purpose. Railroad v. Clark, 68 Mo. 874; Harper v. Morris, 114 Mo. 325. (2) Declarations by one in possession of real property concerning the nature of his occupancy, are admissible as res gestae. Harper v. Morris, 114 Mo. 325. (3) The rule is familiar, that the 'declarations of a party while in possession of property are admissible as verbal acts and are admitted…
1Opinion of the CourtJohnson, J.
Plaintiff sued defendant before a justice of the peace to recover possession of a part of block 25 in Oentropolis, Jackson county, which, it was alleged in the complaint filed, was unlawfully detained by defendant. After alleging ownership of and legal right of possession to the property, plaintiff averred that defendant “willfully and without force unlawfully holds the possession of the same premises after thetermination of the time for which they were demised or let. to him and after one month’s notice in writing given by the complainant requiring him to remove from said premises and to…
2Cases cited11 opinions
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Darrett v. DonnellySupreme Court of Missouri · 1866
- Whitaker v. WhitakerSupreme Court of Missouri · 1903
- Hannibal & St. Joseph Railroad v. ClarkSupreme Court of Missouri · 1878
- Dunlap v. GriffithSupreme Court of Missouri · 1898
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3Cited by1 opinion
- Davis v. Stewart Title Guaranty Co.Missouri Court of Appeals · 1987