Compton v. Baker
Missouri Court of Appeals
Appeal from the Osarle Circuit Court. — Hon. J. F. Hale, Judge. Defendant’s first instruction tells the jury to pass upon the lawfulness of plaintiff’s possession, which is error.
Read the full summary
Appeal from the Osarle Circuit Court. — Hon. J. F. Hale, Judge. Defendant’s first instruction tells the jury to pass upon the lawfulness of plaintiff’s possession, which is error. McOartney v. Alder son, 45 Mo. 35 ; Michau v. Walsh, 6 Mo. 346; Krevet v. Myer, 24 Mo. 110 ; Beeler v. Cardwell, 29 Mo. 72. In view of the fact that defendant had bought the house, it was natural for a jury to conclude that plaintiff’s possession was not lawful; and especially so when they are told that actual possession is not sufficient. Defendant’s fourth instruction comments upon a part of the testimony and…
1Opinion of the CourtBiggs, J.
This is an action of forcible entry and detainer begun before a justice of the peace in Ozark county, on the twenty-first day of April, 1887. There ivas a judgment for plaintiff before the justice, from which defendant appealed. On a trial anew in the circuit court, there was a verdict and judgment for defendant. Plaintiff brings the case to this court by appeal. The only complaint made in this court pertains to the the defendant’s instructions.
The complaint alleges that on the seventh day of February, 1887, plaintiff was in the lawful possession of the property in dispute, to-wit, a…
2Cases cited5 opinions
- Chappell v. AllenSupreme Court of Missouri · 1866
- Siegrist v. ArnotMissouri Court of Appeals · 1881
- Raysdon v. TrumboSupreme Court of Missouri · 1873
- Henschen v. O'BannonSupreme Court of Missouri · 1874
- King's Adm'r v. St. Louis Gas Light Co.Supreme Court of Missouri · 1863
3Cited by1 opinion
- Sitton v. SappMissouri Court of Appeals · 1895