Legal Opinion

Dennison v. Smith

Supreme Court of Missouri

Decided March 15, 1858PublishedCited by 5 opinions

Appeal from St. Louis Land Court.

1Opinion of the CourtNapton, Judge

The sixteenth section of the act concerning forcible entry and detainer declares that “ the complainant shall not be compelled to make further proof of the forcible entry and *488detainer than that he was lawfully possessed of the premises, and that the defendant unlawfully entered into and detained or unlawfully detained the same.”

Where an entry is made upon land against the will of the party in actual lawful possession, the party from whom the possession is withheld is entitled to his action. No actual force is necessary to be proved. (Warren v. Ritter, 11 Mo. 356; Cathcart v. Walter, 14 Mo.…

2Cases cited2 opinions

  1. Warren v. Ritter & RitterSupreme Court of Missouri · 1848
  2. Cathcart v. WalterSupreme Court of Missouri · 1851

3Cited by5 opinions

  1. Willis v. StevensMissouri Court of Appeals · 1887
  2. Rosenberger v. Wabash RailroadMissouri Court of Appeals · 1902
  3. Redman v. PerkinsMissouri Court of Appeals · 1906
  4. Pierce v. AustinMissouri Court of Appeals · 1983
  5. Stewart v. MilesSupreme Court of Missouri · 1901

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