Kelly v. Clancy
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lubke, J. The complaint alleges that defendant obtained the possession by disseisin, but it does not allege that the plaintiff ever was in possession of the premises or that defendant disseised the plaintiff, both of which are necessary in this action.—Hatfield v. Wallace, 7 Mo. 112-; Warren v. Ritter, 11 Mo. 354; Spalding v. Mayhall, 27, Mo. 377 ; McCartney v. Alderson, 45 Mo. 35. The lease from Peck to Kelly did not vest the…
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Appeal from the St. Louis Circuit Court, Lubke, J. The complaint alleges that defendant obtained the possession by disseisin, but it does not allege that the plaintiff ever was in possession of the premises or that defendant disseised the plaintiff, both of which are necessary in this action.—Hatfield v. Wallace, 7 Mo. 112-; Warren v. Ritter, 11 Mo. 354; Spalding v. Mayhall, 27, Mo. 377 ; McCartney v. Alderson, 45 Mo. 35. The lease from Peck to Kelly did not vest the possession in Kelly. It gave him only a right of possessiou.—Meehan v. Walsh, 6 Mo. 346. Defendant is not estopped in this…
1Opinion of the Court
Thompson,, J.
delivered the opinion of the court.
This was an action of forcible entry and detainer. On trial anew in the circuit court the plaintiff had a judgment.
The complaint is in the following language: “Bernard Kelly states that on the 1st day of March, 1882, he had the legal right to the possession of a certain two-story brick building, together with the room adjoining in the rear, and room adjoining on the east side of said two-story building, situated on the northeast corner of Poplar and Fourteenth Streets, in block No. 215 W., in the city of St. Louis, and in the Seventeenth Ward…
2Cases cited13 opinions
- Pentz v. KuesterSupreme Court of Missouri · 1867
- Young v. SmithSupreme Court of Missouri · 1859
- Warren v. Ritter & RitterSupreme Court of Missouri · 1848
- McCartney's v. AldersonSupreme Court of Missouri · 1869
- Burdyne v. MackeySupreme Court of Missouri · 1842
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ray v. BlackmanMissouri Court of Appeals · 1906
- Sexton v. HullMissouri Court of Appeals · 1891
- Goodwin v. Costello and ArelloMissouri Court of Appeals · 1948
- Bradford v. TillyMissouri Court of Appeals · 1896
- Fields v. Wabash RailroadMissouri Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.