Ray v. Thompson
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. Statement of c'ase by tbe court. This was an action for trespass, under section 8922, Revised Statutes, against the defendant, for entering plaintiff’s premises and voluntarily throwing down plaintiff’s fences, etc.
Read the full summary
Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. Statement of c'ase by tbe court. This was an action for trespass, under section 8922, Revised Statutes, against the defendant, for entering plaintiff’s premises and voluntarily throwing down plaintiff’s fences, etc. The plaintiff introduced in evidence defendant as a witness, who testified that he bought the land in controversy in September, 1885, of Phillips, and that, in October or November following, he had the fences around the land torn down and the streets graded through the land, and that, before the fences were thrown;…
1Opinion of the Court
I
Hall, J.
The defendant complains of the action of the circuit court, in refusing to permit him to testify to the statement made to him by his vendor, Phillips, as to when the plaintiff’s lease of the land would expire, on the ground that such evidence was competent to show that he had probable'cause to believe that he was, at the time of the trespass, entitled to the possession of the land, and that plaintiff’s lease had expired.
The defendant’s objection is based on section■ 3924, Revised Statutes, which provides that, in an action of this kind, “if it shall appear- that the defendant had…
2Cases cited3 opinions
- Koeltz v. BleckmanSupreme Court of Missouri · 1870
- Spurrier v. BriggsIndiana Supreme Court · 1861
- McCord v. Doniphan Branch Railway Co.Missouri Court of Appeals · 1886
3Cited by8 opinions
- State v. JohnsonSupreme Court of Missouri · 1893
- Syndicate Improvement Co. v. BradleyWyoming Supreme Court · 1897
- Cook v. ClaryMissouri Court of Appeals · 1892
- Edmunds v. Missouri Electric Light & Power Co.Missouri Court of Appeals · 1898
- Ellis v. Mackie Construction Co.Missouri Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.