King's Adm'r v. St. Louis Gas Light Co.
Supreme Court of Missouri
Appeal from St. Louis Lmd Court. This was an action of forcible entry and detainer brought by S. C. King to recover the possession of a piece of land on the shore of the river, in St. Louis.
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Appeal from St. Louis Lmd Court. This was an action of forcible entry and detainer brought by S. C. King to recover the possession of a piece of land on the shore of the river, in St. Louis. Plaintiff proved by J. G. Barry that he was agent for plaintiff, and fenced the land in dispute in the winter of 1858; that the fence remained till the spring or summer of 1858, when it was carried off by the high freshet of that year; that he then put up a notice, and kept it on the land, saying it was for rent by him; that, some time in the following winter, he went down there and found the defendants’…
1Opinion of the CourtBates, Judge
So long as the plaintiff had the land, the possession of which is in controversy, fenced, there can be no doubt that his possession was such as would support an action for forcible entry and detainer, and in such action it is immaterial how I he acquired it. If he acquired possession wrongfully he was *39subject to an action therefor, but his unlawful entry cannot be set off against an unlawful entry upon his possession.
When his fence was swept away by the high water, he did not of necessity and immediately lose his possession. He might then and afterwards have abandoned it; but if he did…
2Cases cited1 opinion
- Bartlett v. DraperSupreme Court of Missouri · 1856
3Cited by6 opinions
- Willis v. StevensMissouri Court of Appeals · 1887
- Craig v. DonnellyMissouri Court of Appeals · 1887
- Meriwether v. HoweMissouri Court of Appeals · 1892
- Kennedy v. PrueittMissouri Court of Appeals · 1887
- Dilworth v. FeeSupreme Court of Missouri · 1873
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