Deland v. Vanstone
Missouri Court of Appeals
Appeal from the Howell- County Circuit Court, J. R. Woodside, Judge. The necessary allegation that the plaintiff was in possession of the premises was not made: Garner v. McCullough, 48 Mo. 318. It is necessary to show that the plaintiff was in possession of the premises at the time of the alleged trespass, and he having failed to prove that he was in possession, he could not recover án the action.
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Appeal from the Howell- County Circuit Court, J. R. Woodside, Judge. The necessary allegation that the plaintiff was in possession of the premises was not made: Garner v. McCullough, 48 Mo. 318. It is necessary to show that the plaintiff was in possession of the premises at the time of the alleged trespass, and he having failed to prove that he was in possession, he could not recover án the action. Cochran v. Whitesides, 34 Mo. 417; Bous sin v. Benton, 6 Mo. 592; Pope v. Cor den, 47 Mo,. 251; Davis v. Wood, 7 Mo. 162 ; More v. Perry, 61 Mo. 174; Bannels V. Bannels, 52 Mo. 108; Armory v.…
1Opinion of the CourtRombauer, J.
This is an action of trespass de bonis asportatis, if anything. The plaintiff’s petition is as íoIIoavs :
“ The plaintiff states that, on or about the thirtieth *299day of January, 1883, at the county of Howell, and state of Missouri, the defendants, without leave, and. wrongfully, entered on the southwest quarter of northeast quarter, southeast quarter ofi northwest quarter, and northwest quarter of southeast quarter of section 27, township 27, range 10, west, of which the plaintiff was the owner of the timber standing and growing on said land above described, and there cut timber of the value of…
2Cases cited8 opinions
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Frazer v. RobertsSupreme Court of Missouri · 1862
- More v. PerrySupreme Court of Missouri · 1875
- Powell v. SmithSupreme Court of Pennsylvania · 1833
- Jones v. TullerSupreme Court of Missouri · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bank of Little Rock v. FisherMissouri Court of Appeals · 1893
- Mine LaMotte Lead & Smelting Co. v. WhiteMissouri Court of Appeals · 1904
- Potter v. EverettMissouri Court of Appeals · 1890
- Hammontree v. HuberMissouri Court of Appeals · 1890
- Andrews v. CosticanMissouri Court of Appeals · 1888
5 more not listed; retrieve them via the Exa API.