Jennings v. Robinson
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Blover, Judge. (1) Possession by the defendant, either in person or by servant, licensee or agent, at the time of commencement of the action is essential to the maintenance of this action.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Blover, Judge. (1) Possession by the defendant, either in person or by servant, licensee or agent, at the time of commencement of the action is essential to the maintenance of this action. Orrick v. Schools, 32 Mo. 315; DeGraw v. Prior, 53 Mo. 313; Armstrong v. Hendrick, 67 Mo. 542. (2) Plaintiff having testified that Greene was in possession and had been so for months prior to the commencement of the action, can not recover in this action against defendant. Shirts v. Over-john, 60 Mo. 305, 308; Eoley v. Alkire, 52 Mo. 317; Moore v.…
1Opinion of the CourtGill, J.
This is an action for unlawful detainer brought before a justice of the peace June 14, 1898. The case was removed into the circuit court by certiorari, where a trial was had, resulting in a judgment for plaintiff and defendant appealed.
There is but one point that need to be considered. By the evidence of both sides it appears, without dispute, that when the suit was commenced the defendant was not in possession of the premises in controversy. The law is well settled that unlawful detainer, being a possessory action, must be brought against the party in actual possession, and can not be…
2Cases cited5 opinions
- De Graw v. PriorSupreme Court of Missouri · 1873
- Orrick v. St. Louis Public SchoolsSupreme Court of Missouri · 1862
- Armstrong v. HendrickSupreme Court of Missouri · 1878
- Bell v. CowanSupreme Court of Missouri · 1863
- Alt v. HobbsMissouri Court of Appeals · 1895
3Cited by3 opinions
- First Nat. Bank of Kansas City v. KavorinosSupreme Court of Missouri · 1954
- Forder v. HandlanMissouri Court of Appeals · 1911
- Slover v. KramerMissouri Court of Appeals · 1921