Fitch v. Gosser
Supreme Court of Missouri
Appeal from Schuyler Circuit Court. I. The deed executed by Thatcher to plaintiff, which purports to be executed to correct error in former deed, operates by relation from the date of the deed from Thatcher to Orr, containing the erroneous description. (3 ’W’ashb. Real Prop., [1868] 276, § 46.) II. At the time the trespass was committed, defendant was a mere trespasser and not in possession, while plaintiff was the equitable owner in fee and entitled to the legal title. III.
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Appeal from Schuyler Circuit Court. I. The deed executed by Thatcher to plaintiff, which purports to be executed to correct error in former deed, operates by relation from the date of the deed from Thatcher to Orr, containing the erroneous description. (3 ’W’ashb. Real Prop., [1868] 276, § 46.) II. At the time the trespass was committed, defendant was a mere trespasser and not in possession, while plaintiff was the equitable owner in fee and entitled to the legal title. III. A landlord may recover damages for an injury done to the inheritance by a trespasser while in possession of a tenant.…
1Opinion of the CourtNapton, Judge
This is termed in the pleadings an action of trespass; though it might, with more propriety, if we are to go back to common law phrases, be called an action on the case. The complaint is, that the defendant entered on the N. E. qr. of the S. W. qr. of section 2, Town. 65, R. 15 "West, wrongfully, and without the consent of the plaintiff, who claims to have been the owner, and cut timber, and carried it away, to the value of two hundred dollars.
The answer denies the wrongful entry, claims that defendant was in possession at the time of the trespass by virtue of a tax deed from the collector of…
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- Arneson v. SpawnSouth Dakota Supreme Court · 1891
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- Ware v. JohnsonSupreme Court of Missouri · 1874
- Motchan v. STL Cablevision, Inc.Missouri Court of Appeals · 1990
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