Prendergast v. Graverman
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Son. G. A. Wurdemon, Judge. (1) To maintain this action, it was necessary for the complainant to prove that at the time of the alleged entry and disseizin by defendant, she was in the actual, visible, open, exclusive, peaceful and bona fide possession of the premises claimed, and this she has not done; the evidence does not even tend to show such possession. Armstrong v. Hendricks, 67 Mo. 542; Keen v. Schweigler, 70 Mo.
Read the full summary
Appeal from St. Louis County Circuit Court. — Son. G. A. Wurdemon, Judge. (1) To maintain this action, it was necessary for the complainant to prove that at the time of the alleged entry and disseizin by defendant, she was in the actual, visible, open, exclusive, peaceful and bona fide possession of the premises claimed, and this she has not done; the evidence does not even tend to show such possession. Armstrong v. Hendricks, 67 Mo. 542; Keen v. Schweigler, 70 Mo. App. 409; McCartney v. Alderson, 45 Mo. 35, 49 Mo. 450; DeGraw v. Prior, 60 Mo. 56; Dyer v. Reitz, 14 Mo. App. 45; Spalding v.…
1Opinion of the CourtReynolds, P. J.
— This is an action for unlawful detainer of nine and a fraction acres of land in St. Louis county, the action brought under section 3321, Revised Statutes 1899, now section 7657, Revised Statutes 1909. The cause was tried before the court, a jury having been waived, and at the conclu*36sioxi of the testimony defendant asked four declarations of law. First, that for plaintiff to recover in this action, she must show that she was in the actual, peaceable, visible, open and exclusive possession of the land described in the complaint at the time of the alleged unlawful entry by defendant and that…
2Cases cited4 opinions
- Bartlett v. DraperSupreme Court of Missouri · 1856
- May v. LuckettSupreme Court of Missouri · 1871
- Warren v. Ritter & RitterSupreme Court of Missouri · 1848
- Bell v. CowanSupreme Court of Missouri · 1863
3Cited by5 opinions
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Wells Fargo Bank, N.A. v. SmithSupreme Court of Missouri · 2013
- McNeill v. McNeillMissouri Court of Appeals · 1970
- First Nat. Bank of Kansas City v. KavorinosSupreme Court of Missouri · 1954
- I-70 mobile City, Inc. v. Deidre CartwrightMissouri Court of Appeals · 2020