Ford v. Fellows
Missouri Court of Appeals
Appeal from, the Greene Circuit Court. — Hon. W. F„ Geiger, Judge. The finding of the court is against the law and the evidence. To invoke estoppel, the declarations of abandonment alleged to have been made by the plaintiff must have been made with the intention of inducing defendant to act upon them.
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Appeal from, the Greene Circuit Court. — Hon. W. F„ Geiger, Judge. The finding of the court is against the law and the evidence. To invoke estoppel, the declarations of abandonment alleged to have been made by the plaintiff must have been made with the intention of inducing defendant to act upon them. Bigelow on Estoppel (1 Ed.) pp. 480, 552; Bales v. Perry, 51 Mo. 449 ; Spurlock v. Sproule, 72 Mo. 503; Acton v. Dooley, 74 Mo. 63. This case was not determined in the trial court upon the doctrine of estoppel alone. It was there shown that any possession which the complainant may have had.…
1Opinion of the CourtBiggs, J.
This is an action of unlawful detainer, brought by plaintiff against defendant, to recover possession of a lot in the city of Springfield. There was a judgment for plaintiff in the magistrate’s court, but on appeal to the circuit court, the jury returned a verdict for the defendant. Plaintiff took the case by appeal to the supreme court, and the cause was, by order of the latter court, transferred to this court for determination.
There -was no question about the possession of the lot by defendant at the time of the institution of the suit, and there was no controversy as to the actual…
2Cases cited12 opinions
- Bales v. PerrySupreme Court of Missouri · 1873
- Acton v. DooleySupreme Court of Missouri · 1881
- Burke v. AdamsSupreme Court of Missouri · 1883
- Spurlock v. SprouleSupreme Court of Missouri · 1880
- De Graw v. PriorSupreme Court of Missouri · 1873
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3Cited by2 opinions
- Stewart v. MilesMissouri Court of Appeals · 1899
- Metz v. SchneiderMissouri Court of Appeals · 1906