Redman v. Perkins
Missouri Court of Appeals
■Appeal from DeKalb Circuit Court. — No». Alonzo D. Burnes, Judge. (1) No persons shall enter upon or into any lands, tenements or other possessions, and detain and hold the same but where entry is given by law, and then only in a peaceable manner. R. S. 1899, sec. 3319. The object of this statute is to preserve peace and prevent the use of force in the assertion of rights. Sitton v. Stapp, 62 Mo.
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■Appeal from DeKalb Circuit Court. — No». Alonzo D. Burnes, Judge. (1) No persons shall enter upon or into any lands, tenements or other possessions, and detain and hold the same but where entry is given by law, and then only in a peaceable manner. R. S. 1899, sec. 3319. The object of this statute is to preserve peace and prevent the use of force in the assertion of rights. Sitton v. Stapp, 62 Mo. App. 197. (2) Plaintiff had actual possession of the premises under his tenant I. E. Rhodes, though he might not have been personally present at the time his tenant abandoned the premises. May v.…
1Opinion of the CourtJohnson, J.
Plaintiff sued defendant before a justice of the peace to recover possession of a farm in DeKalb county. In the complaint filed it is alleged that on and before March 1, 1905, plaintiff was in the lawful and peaceable possession of the land described and that on the date mentioned “defendant wrongfully and without force by disseizin, obtained possession of said premises and has ever since held and still holds possession thereof wrongfully and unlawfully.” A trial of the cause in the circuit court on appeal resulted in a judgment for defendant and plaintiff appealed.
Plaintiff’s evidence tends…
2Cases cited19 opinions
- Silvey v. SummerSupreme Court of Missouri · 1875
- Dausch v. CraneSupreme Court of Missouri · 1891
- May v. LuckettSupreme Court of Missouri · 1871
- Merchants' Bank v. ClavinSupreme Court of Missouri · 1875
- Beeler v. CardwellSupreme Court of Missouri · 1862
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3Cited by6 opinions
- Davis v. Stewart Title Guaranty Co.Missouri Court of Appeals · 1987
- El Paso Grain & Milling Co. v. LawrenceCourt of Appeals of Texas · 1919
- Moose v. Missouri, K. & T. Ry. Co. of TexasCourt of Appeals of Texas · 1915
- Underwood v. City of CaruthersvilleMissouri Court of Appeals · 1910
- Allen v. HarrisMissouri Court of Appeals · 1988
1 more not listed; retrieve them via the Exa API.