Holliday-Klotz Land & Lumber Co. v. Markham & Duckett
Missouri Court of Appeals
Appeal from Wayne Circuit Court. — Hon. Frank B. Bearing, Judge. STATEMENT OF THE CASE. The petition alleges that the plaintiff is the owner of and possessed of certain quarter sections of land, which the defendants wrongfully entered upon, and cut down trees standing and growing thereon, and removed the same and converted them to their use, to. plaintiff’s damage of $3,000. The answer was a general denial.
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Appeal from Wayne Circuit Court. — Hon. Frank B. Bearing, Judge. STATEMENT OF THE CASE. The petition alleges that the plaintiff is the owner of and possessed of certain quarter sections of land, which the defendants wrongfully entered upon, and cut down trees standing and growing thereon, and removed the same and converted them to their use, to. plaintiff’s damage of $3,000. The answer was a general denial. On the trial plaintiff introduced in evidence certain deeds purporting to convey the aforesaid land to it. The defendants introduced a deed to one of them, purporting also to convey the…
1Opinion of the CourtBond, J.
I. Plaintiff’s action was for injury ■to possession of land. It could be sustained, therefore, only on one of two theories: first, that plaintiff was in the actual possession of the land when the trespass was committed; second, that the land was not in the actual possession of any one, but was in the constructive possession of plaintiff as the rightful owner. Hampton v. Massey, 53 Mo. App. 501; Brown v. Hetzel, 87 Mo. loc. cit. 568, and cases cited; Harris v. Sconce, 66 Mo. App. loc. cit. 347.
In the case at bar, plaintiff did not claim actual possession, hence, it was necessary to show that…
2Cases cited2 opinions
- Hampton v. MasseyMissouri Court of Appeals · 1893
- Cantlin v. Holladay-Klotz Land & Lumber Co.Supreme Court of Missouri · 1899
3Cited by4 opinions
- Barnhart v. RipkaMissouri Court of Appeals · 1956
- Carter v. Louisiana Purchase Exposition Co.Missouri Court of Appeals · 1907
- Morgan v. PottMissouri Court of Appeals · 1907
- Chilton v. ComanianniSupreme Court of Missouri · 1909