Ware v. Johnson
Supreme Court of Missouri
Appeal from Buchanan Common Pleas. I. Plaintiff could not combine in one count trespass for cutting and carrying away timber, and an action in equity, to restrain defendant from further trespasses. (Peyton vs. Rose, 41 Mo., 257; Jones vs. Moore, 42 Mo., 413 ; Henderson vs. Dickey, 50 Mo., 160; Curd vs. Lackland, 43 Mo., 139.) II. An action of trespass is one for injury to the possession; and plaintiff had none.
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Appeal from Buchanan Common Pleas. I. Plaintiff could not combine in one count trespass for cutting and carrying away timber, and an action in equity, to restrain defendant from further trespasses. (Peyton vs. Rose, 41 Mo., 257; Jones vs. Moore, 42 Mo., 413 ; Henderson vs. Dickey, 50 Mo., 160; Curd vs. Lackland, 43 Mo., 139.) II. An action of trespass is one for injury to the possession; and plaintiff had none. He was endeavoring to test his title to land not in his possession by an action in trespass, which ■cannot be done. (Cochran vs. Whitesides, 34 Mo., 417; Draper vs. Shoot, 25 Mo.,…
1Opinion of the Court
Adams, Judge,
delivered tlie opinion of the court.. This was an action of trespass commenced in the Nodaway Circuit Court, and taken by change of venue to Buchanan county. The trespass complained of was for cutting timber on lot 2 of section 80, in township 65, of range 37, situated in Nodaway county, which the plaintiff alleged belonged to him. ■ -The- defendants by their answer denied all the allegations of the petition, and alleged title in themselves, to the land in dispute, under and by virtue of a sheriff’s sale of the land as the property of Robert Russell. They alleged that the sheriff…
2Cases cited2 opinions
- Chapman v. TempletonSupreme Court of Missouri · 1873
- Fitch v. GosserSupreme Court of Missouri · 1873
3Cited by16 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Crenshaw v. UllmanSupreme Court of Missouri · 1893
- State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878
- Wyler v. RaticanMissouri Court of Appeals · 1910
- State ex rel. Knapp, Stout & Co. v. FinnMissouri Court of Appeals · 1885
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