Lindenbower v. Bentley
Supreme Court of Missouri
Appeal from Qreene Circuit Court. — Hon. W. F. Geiger, Judge. Upon tlie evidence plaintiff was not entitled to recover in this cause. At the time of alleged trespass plaintiff was not in possession of the premises. John C. Crenshaw was at that time owner of said premises, was entitled to possession of same, and Majors, now his tenant, was in actual possession of same, and in actual possession still at time of commencement of this suit.
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Appeal from Qreene Circuit Court. — Hon. W. F. Geiger, Judge. Upon tlie evidence plaintiff was not entitled to recover in this cause. At the time of alleged trespass plaintiff was not in possession of the premises. John C. Crenshaw was at that time owner of said premises, was entitled to possession of same, and Majors, now his tenant, was in actual possession of same, and in actual possession still at time of commencement of this suit. An action for trespass against real estate will not lie, unless plaintiff be in possession at the time of the alleged trespass ; nor if defendant is in…
1Opinion of the CourtNorton, J.
— The petition in this case charges that defendant wrongfully entered upon a tract of land, of which plaintiff was in possession, and on which was standing a crop of wheat belonging to plaintiff, and cut and carried the same away to her damage, in the sum of four hundred dollars. On the trial plaintiff obtained judgment, from which defendant has appealed, and assigns for error the refusal of the court to instruct the jury that on the evidence plaintiff was not entitled to recover.
The following statement embodies the facts developed by the evidence:
In 1868 Gfoza & Quilling were the owners of…
2Cases cited5 opinions
- State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
- Johnson v. HoffmanSupreme Court of Missouri · 1873
- Reed v. PriceSupreme Court of Missouri · 1860
- Cochran v. WhitesidesSupreme Court of Missouri · 1864
- Gray v. RogersSupreme Court of Missouri · 1860
3Cited by10 opinions
- Barnhart v. RipkaMissouri Court of Appeals · 1956
- Thompson v. Granite Bituminous Paving Co.Missouri Court of Appeals · 1918
- Hoodenpyle v. Tactor Industries, Inc.Missouri Court of Appeals · 1979
- Stewart v. MilesSupreme Court of Missouri · 1901
- Stewart v. MilesMissouri Court of Appeals · 1899
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