Walser v. Graham
Missouri Court of Appeals
Appeal from, the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) Besides the above and foregoing direct evidence to prove title in Morgan, the whole intention of the defendant’s evidence was to show title in Morgan, and a right of entry by the defendant under him, which cannot be done. Our statutes and the decisions exclude all inquiry into the title or the ownership of the land ; and limit the contest to the present right to retain possession of the premises.
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Appeal from, the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) Besides the above and foregoing direct evidence to prove title in Morgan, the whole intention of the defendant’s evidence was to show title in Morgan, and a right of entry by the defendant under him, which cannot be done. Our statutes and the decisions exclude all inquiry into the title or the ownership of the land ; and limit the contest to the present right to retain possession of the premises. R. S., sec. 5111; Silveyv. Sumner, 61 Mo. 255; Van Eman v. Walker, 47 Mo. 169 ; Beeler v. Caldwell, 33 Mo. 86 ; Krevit v.…
1Opinion of the CourtSmith, P. J.
— This is an action for forcible entry and detainer for the recovery of the possession of eighty acres of land in Barton county. Prom the defendant’s statement of the case, which is substantially correct, it appears that the defendant was occujjying the premises sued for, as tenant of A. D. Morgan, under a written agreement, for a term commencing January 31, 1883, .and ending March 1, 1885. When summons was served on the defendant Graham, he immediately notified his landlord, Morgan, and requested him to defend the suit, which Morgan agreed to do, and did do, employing the law firm of Buler &…
2Cases cited5 opinions
- Pentz v. KuesterSupreme Court of Missouri · 1867
- May v. LuckettSupreme Court of Missouri · 1871
- McCartney v. AuerSupreme Court of Missouri · 1872
- Farrar v. HeinrichSupreme Court of Missouri · 1885
- Kellogg v. ForsythSupreme Court of the United States · 1861
3Cited by5 opinions
- Redman v. PerkinsMissouri Court of Appeals · 1906
- Myers v. MillerMissouri Court of Appeals · 1893
- State v. HudsonMissouri Court of Appeals · 1924
- Walser v. GrahamMissouri Court of Appeals · 1895
- Harrington v. EvansMissouri Court of Appeals · 1892