Scott v. Allenbaugh
Missouri Court of Appeals
Appeal from the St. Clair Circuit Court. — Hon. D. P. Stratton, Judge. (1) Plaintiff was only required to show that he was in the actual and peaceable possession of the land, and that defendant entered thereon against his will and took possession and retained it after demand in writing. R. S. 1889, sec. 5089; DeGraw v. Prior, 53 Mo. 313; Miller v. Tillmann, 61 Mo. 316; Craig v. Donnelly, 28 Mo.
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Appeal from the St. Clair Circuit Court. — Hon. D. P. Stratton, Judge. (1) Plaintiff was only required to show that he was in the actual and peaceable possession of the land, and that defendant entered thereon against his will and took possession and retained it after demand in writing. R. S. 1889, sec. 5089; DeGraw v. Prior, 53 Mo. 313; Miller v. Tillmann, 61 Mo. 316; Craig v. Donnelly, 28 Mo. App. 342. (2) The possession must be actual but not necessarily an actual physical possession. 61 Mo. 316. Any overt act indicating dominion and purpose to occupy and not to abandon the' premises is…
1Opinion of the CourtGill, J.
— This is an action of unlawful detainer, wherein the plaintiff Scott complains that be was in the lawful possession of a certain forty acres of land, and that defendants wrongfully entered and disseized him. The cause originated in a justice’s court where plaintiff succeeded; but on appeal to the circuit court there was judgment for defendants, and tbe plaintiff' appealed.
The evidence for the plaintiff tends to prove that he resides on land adjoining the forty acres, and that in March, 1891, he rented the forty acres from *133Luchsinger & Streiff, who claimed as purchasers under an execution…
2Cases cited2 opinions
- Willis v. StevensMissouri Court of Appeals · 1887
- DeGraw v. PriorSupreme Court of Missouri · 1875
3Cited by5 opinions
- McMahon v. Supreme Tent Knights of the Maccabees of the WorldSupreme Court of Missouri · 1899
- Hayden v. ParsonsMissouri Court of Appeals · 1897
- Oil Well Supply Co. v. MetcalfMissouri Court of Appeals · 1913
- Underwood v. City of CaruthersvilleMissouri Court of Appeals · 1917
- Hinniger v. TraxMissouri Court of Appeals · 1896