Garrison v. Savignac
Supreme Court of Missouri
Appeal from St. Louis Land Court. This was an action of unlawful detainer commenced October 10,1854. The plaintiff, Abraham Garrison, in his complaint, charges that on the 19th and 20th days of August, 1854, he was lawfully possessed of the premises in controversy; that, being so possessed, thereof, the defendant, Francis Savignac, on or about the 23d day of August, 1854, wrongfully and without force, by disseisin, obtained possession of the same, &c.
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Appeal from St. Louis Land Court. This was an action of unlawful detainer commenced October 10,1854. The plaintiff, Abraham Garrison, in his complaint, charges that on the 19th and 20th days of August, 1854, he was lawfully possessed of the premises in controversy; that, being so possessed, thereof, the defendant, Francis Savignac, on or about the 23d day of August, 1854, wrongfully and without force, by disseisin, obtained possession of the same, &c. The cause was taken to the St. Louis Land .Court by certiorari. The plaintiff introduced in evidence the original record and proceedings in an…
1Opinion of the CourtScott, Judge
It is evident that as far as the merits of this case are concerned they are all against the plaintiff, as the possession, *52tbe disturbance of which he complains, was obtained by means of a writ of a habere facias possessionem which issued on a judgment, which since the execution of the writ has been reversed.
The defendant in the original suit, Alfred Savignac, and against whom the writ of habere facias possessionem was issued, testified that he never was in possession of the lot in controversy. The defendant in this proceeding, Francis Savig-nac, was turned out of the possession of the lot by…
2Cases cited2 opinions
- Ex parte ReynoldsNew York Supreme Court · 1804
- Frame v. SmithCourt of Appeals of Kentucky · 1824
3Cited by7 opinions
- Ritchie v. JohnsonSupreme Court of Arkansas · 1888
- Oakes v. AldridgeMissouri Court of Appeals · 1891
- State ex rel. Planet Property & Financial Co. v. HarringtonMissouri Court of Appeals · 1890
- Bernecker v. MillerSupreme Court of Missouri · 1867
- Crain v. MurryMissouri Court of Appeals · 1898
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