Andrae v. Heinritz
Supreme Court of Missouri
Error to Cole Circuit Court. This was an action of unlawful detainer, begun before a justice of the peace. The substance of the complaint is stated in the opinion of the court.
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Error to Cole Circuit Court. This was an action of unlawful detainer, begun before a justice of the peace. The substance of the complaint is stated in the opinion of the court. It appeared from the evidence that the plaintiff bought the premises of one Rauchelbach, and that, at the time of the purchase, the defendant was in possession of them by permission of Rauchelbach, under a verbal agreement to enter into a written contract containing certain stipulations ; ■ and that the defendant refused to enter into the contract with the plaintiff after he had bought the premises. There was evidence…
1Opinion of the CourtGamble, Judge
1. The complaint filed with the justice in this case charges that, on a certain day, the plaintiff' was entitled to the immediate possession of certain premises (describing them) and so continued entitled until the exhibition of his complaint, and that the defendant unlawfully detained and still unlawfully detains the premises.
The third section of the act concerning forcible entries and detainers, (R. C. p. 512,) gives the remedy for unlawful detainer in two cases. The first is, where a person shall wilfully and without force hold over after the termination of the time *312for which the premises…
2Cited by2 opinions
- Silvey v. SummerSupreme Court of Missouri · 1875
- Alexander v. WestcottSupreme Court of Missouri · 1865