Ayres v. Draper
Supreme Court of Missouri
ERROR to Marion Circuit Court. The errors assigned by the plaintiff in error, are the following: 1st. The first instruction given for Draper, the plaintiff below. It goes on the ground that there was collusion between Ayres and Heffner as to the possession. The law is that the defendant shall be shewn in possession at the commencement of the suit. The instruction denies this principle. 2nd. The refusal of the first and fourth instructions prayed by the defendant.
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ERROR to Marion Circuit Court. The errors assigned by the plaintiff in error, are the following: 1st. The first instruction given for Draper, the plaintiff below. It goes on the ground that there was collusion between Ayres and Heffner as to the possession. The law is that the defendant shall be shewn in possession at the commencement of the suit. The instruction denies this principle. 2nd. The refusal of the first and fourth instructions prayed by the defendant. These both are based on the ground that possession in the defendant need not be proved. 3rd. The verdict is against the evidence.…
1Opinion of the CourtNapton, J.
This was an action of ejectment to recover a lot in the town of Hannibal. The action was brought against Ayres, the appellant, and Heff-. ner and Davis. The suit was dismissed before the trial, as to Heffner; a verdict was found for Davis, and against Ayres ; and the damages as*549sessed against Ayres were $68 75, and thé monthly value of the property assessed at $2 75.
On the trial, the plaintiff read a lease from himself to Ayres, for the lot in controversy for one year from the 1st November, 1843, or until the said Draper may want the same, the said Draper giving ten days’ notice.— The…
2Cited by4 opinions
- Idalia Realty & Development Co. v. NormanSupreme Court of Missouri · 1911
- Flanagan v. LazerineMissouri Court of Appeals · 1913
- Columbia Brewing Co. v. MillerMissouri Court of Appeals · 1907
- Mississippi Glass Co. v. PolandCourt of Appeals for the Eighth Circuit · 1943