Stewart v. Miles
Missouri Court of Appeals
Appeal from the Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. The bona fides of plaintiff’s possession was submitted to the jury under proper instructions, and the jury found for plaintiff. This court will not disturb the verdict of the jury. The case of DeGraw v. Prior, 60 Mo. 56, cited by appellant, lays down this rule at page 57, in the following language: “What acts constitute possession is certainly for the court to decide.
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Appeal from the Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. The bona fides of plaintiff’s possession was submitted to the jury under proper instructions, and the jury found for plaintiff. This court will not disturb the verdict of the jury. The case of DeGraw v. Prior, 60 Mo. 56, cited by appellant, lays down this rule at page 57, in the following language: “What acts constitute possession is certainly for the court to decide. Whether the acts have been done is for the jury; and the court may with propriety leave the whole matter to the jury under proper instructions, when there…
1Opinion of the CourtBond, J.
This is an action of forcible entry and detainer for the recovery of possession of one hundred and ninety acres of land, $100 damages, and $10 monthly rents and profits. It was begun before' a justice of the peace, taken by appeal to the circuit court, where the plaintiff had judgment, from which defendant appealed to this court.
In July, 1896, the premises in controversy were let to plaintiff for farming purposes by oral agreement with the owner. On the thirtieth of December, 1896, plaintiff’s brother, William Stewart, and family moved upon the land. Being interrogated by the court as to the…
2Cases cited9 opinions
- Donnell v. HarsheSupreme Court of Missouri · 1877
- Wood v. . PhillipsNew York Court of Appeals · 1870
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Johnson v. HoffmanSupreme Court of Missouri · 1873
- Armstrong v. HendrickSupreme Court of Missouri · 1878
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3Cited by4 opinions
- Brown v. HinesMissouri Court of Appeals · 1923
- Kemp v. San Antonio Catering Co.Missouri Court of Appeals · 1906
- Van Stewart ex rel. Magruder v. MilesMissouri Court of Appeals · 1904
- Williams v. BakerMissouri Court of Appeals · 1903