Holzhausen v. Hoskins
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. Where the property is in the possession of a lessee, the lessee only and not the owner can maintain an action of forcible entry and detainer. Armstrong y. Hendrick, 67 Mo. 543; McCartney’s Admr. v. Alderson, 49 Mo. 457; Burns v. Patrick, 27 Mo. 434; Collier v. Green, 83 Mo. App. 166. Actual possession by plaintiff, at the time of the forcible entry and detainer is indispensable to recovery.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. Where the property is in the possession of a lessee, the lessee only and not the owner can maintain an action of forcible entry and detainer. Armstrong y. Hendrick, 67 Mo. 543; McCartney’s Admr. v. Alderson, 49 Mo. 457; Burns v. Patrick, 27 Mo. 434; Collier v. Green, 83 Mo. App. 166. Actual possession by plaintiff, at the time of the forcible entry and detainer is indispensable to recovery. McCartney’s Admr. v. Alderson, 49 Mo. 457; Reed v. Bell, 26 Mo. 218; Nelson v. Nelson, 30 Mo. • App. 189. Waiver is a mixed question…
1Opinion of the CourtGoode, J.
— This is an action of forcible entry and detainer instituted before a justice of the peace and afterwards tried anew on appeal in the circuit court, from whence it was brought to this court. The plaintiff owns the premises known as Nos. 1909 and 1911 Market street in the city of St. Louis. The building on plaintiff’s lot extends back to an alley. It is three stories high in front, but the rear portion consists of two wings one *263story high. The entire structure was built about twenty-seven years ago. It has three doors on Market street, of which one affords entrance to the room 1909, one to…
2Cases cited10 opinions
- Doyle v. . LordNew York Court of Appeals · 1876
- Harrington v. WatsonOregon Supreme Court · 1883
- Hahn v. Baker Lodge, No. 47Oregon Supreme Court · 1891
- Shawmut National Bank v. City of BostonMassachusetts Supreme Judicial Court · 1875
- Witte v. QuinnMissouri Court of Appeals · 1890
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