Dilworth v. Fee
Supreme Court of Missouri
Error to St. Louis Circuit Court. 1. The turning out of Anapias Eice under the writ of possession against him alone, did not affect the rights of Eobert P. Eice, whose tenant Anapias Eice was, in the premises. 2. Eobert P. Eice had had more than three years uninterrupted constructive possession, claiming as owner under deed ; and the right was with him to enter peaceably as against the constructive possession of a stranger. 3. The possession if any had, as against Robert P.…
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Error to St. Louis Circuit Court. 1. The turning out of Anapias Eice under the writ of possession against him alone, did not affect the rights of Eobert P. Eice, whose tenant Anapias Eice was, in the premises. 2. Eobert P. Eice had had more than three years uninterrupted constructive possession, claiming as owner under deed ; and the right was with him to enter peaceably as against the constructive possession of a stranger. 3. The possession if any had, as against Robert P. Rice, was constructive; there was no occupation by the plaintiff,without which he could not have adverse possession. 4.…
1Opinion of the CourtEwing, Judge
This is an action of forcible entry and detainer brought before a Justice of the Peace, and removed by certiorari to the Circuit Court. Plaintiff proved on the trial that he was put in possession of the premises under a writ of restitution issued upon a judgment of the Circuit Court of St. Louis county rendered against A. P. Rice, at the June term, 1866, which *132■was executed May 3d, 1871. That when said Rice was put out by the sheriff he put two persons in possession who had been sent there to receive possession for the plaintiff; that they remained a short time, but before leaving locked and…
2Cases cited6 opinions
- Spalding v. MayhallSupreme Court of Missouri · 1858
- Warren v. Ritter & RitterSupreme Court of Missouri · 1848
- Beeler v. CardwellSupreme Court of Missouri · 1859
- Harris v. TurnerSupreme Court of Missouri · 1870
- King's Adm'r v. St. Louis Gas Light Co.Supreme Court of Missouri · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wamsganz v. WolffMissouri Court of Appeals · 1900
- Chappee v. Lubrite Refining Co.Supreme Court of Missouri · 1935
- Greenleaf v. WeakleyMissouri Court of Appeals · 1890