Wamsganz v. Wolff
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The plaintiff liad no title to the land; the defendant, Eliza J. Wolff had undisputed title, hence plaintiff can not maintain an action for trespass upon the land against Mrs. Wolff. Davis v. Wood, 7 Mo. 162; Townsend v. Bissell, 5 Thomp. & C. (N. Y.) 583; 3 Hun.
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Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The plaintiff liad no title to the land; the defendant, Eliza J. Wolff had undisputed title, hence plaintiff can not maintain an action for trespass upon the land against Mrs. Wolff. Davis v. Wood, 7 Mo. 162; Townsend v. Bissell, 5 Thomp. & C. (N. Y.) 583; 3 Hun. N. Y. 556; Muldrow v. Jones, 1 Rice (S. C.-) 64. (2) The defendant, Eliza J. Wolff, had the right to regain possession of her property, even by forée, as against a trespasser. State v. Dooley, 121 Mo. 598. (3) The court erred in giving an instruction…
1Opinion of the Court
OPINION ON MOTION POR REHEARING.
BLAND, P. J.
The petition (stated briefly), alleges that defendant, Eliza J. Wolff, on the thirty-first day of July, 1897, was the owner of a lot of ground situated at the southeast corner of Kings Highway and West Pine Boulevard in the city of St. Louis, Missouri, of which premises plaintiff alleged he was in the peaceable possession conducting a .restaurant under the name of “The Shelter,” and for that purpose had on said lot a brick and frame structure, tables, chairs, tableware, table linen, cooking stoves and utensils, shelves, counters, etc., making a full…
2Cases cited9 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- Beck v. DowellSupreme Court of Missouri · 1892
- Page v. FreemanSupreme Court of Missouri · 1854
- Allred v. BraySupreme Court of Missouri · 1867
- Meier v. ThiemannMissouri Court of Appeals · 1884
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3Cited by9 opinions
- Streipe v. Liberty Mutual Life Insurance Co.Court of Appeals of Kentucky (pre-1976) · 1932
- Vidal v. ErrolSupreme Court of New Hampshire · 1932
- Gildersleeve v. OverstolzMissouri Court of Appeals · 1901
- Magnuson v. O'DeaWashington Supreme Court · 1913
- Goodwin v. WinstonMissouri Court of Appeals · 1950
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