Willis v. Stevens
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Host. F. M. Black, Judge. The case is stated in the opinion of the court. I. It appears that when defendant took possession of the premises in question, that he did so peaceably and under the bona fide belief that he was the owner of and not intruding upon the possession or rights of another; he found the house open, the fences down, and nobody upon the premises.
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Appeal from Jackson Circuit Court, Host. F. M. Black, Judge. The case is stated in the opinion of the court. I. It appears that when defendant took possession of the premises in question, that he did so peaceably and under the bona fide belief that he was the owner of and not intruding upon the possession or rights of another; he found the house open, the fences down, and nobody upon the premises. Under these circumstances, ■and for reasons hereinafter stated, the demurrer to the .evidence should have been sustained, or the verdict of the jury set aside, because not warranted by the evidence.…
1Opinion of the CourtPhilips, P. J.
This is an action for forcible entry and detainer. The action was tried in the circuit court on appeal from a justice’s court, where plaintiff had judgment, from which the defendant has again appealed.
There may be some hardship, under the peculiar circumstances of this case, in either affirming or reversing the judgment of the circuit court. But the action is at law based on a positive statute, and the only ■question with which we are authorized to deal on this appeal is, whether or not there was such error or errors committed by the court in the progress of the trial as to warrant us,…
2Cases cited15 opinions
- De Graw v. PriorSupreme Court of Missouri · 1873
- Krevet v. MeyerSupreme Court of Missouri · 1856
- Whetstone v. ShawSupreme Court of Missouri · 1879
- Ridgley v. StillwellSupreme Court of Missouri · 1859
- Moberly v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1885
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3Cited by12 opinions
- Hicks v. MartinMissouri Court of Appeals · 1887
- Sandige v. HillMissouri Court of Appeals · 1897
- Hosli v. YokelMissouri Court of Appeals · 1894
- Meriwether v. HoweMissouri Court of Appeals · 1892
- Paddock-Hawley Iron Co. v. McDonaldMissouri Court of Appeals · 1895
7 more not listed; retrieve them via the Exa API.