La Riviere v. La Riviere
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — IIon. Daniel Dillon, Judge. (1) The action of ejectment being purely a possessory one, the verdict against Badeau is clearly wrong, there being no proof whatever that he was in possession, and positive evidence by La Riviére that he was not. True, by the statute of ejectment, Badeau in right of his wife could claim to be made a co-defendant.
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Appeal from St. Louis City Circuit Court. — IIon. Daniel Dillon, Judge. (1) The action of ejectment being purely a possessory one, the verdict against Badeau is clearly wrong, there being no proof whatever that he was in possession, and positive evidence by La Riviére that he was not. True, by the statute of ejectment, Badeau in right of his wife could claim to be made a co-defendant. But this is only declaratory of the common law which conceded the right of the landlord to be let into the defense. But its exercise is left to the owner’s option. Schuyler v. Marsh, 36 Barb. 352; Allen v.…
1Opinion of the CourtBlack, J.
This is an action of ejectment for one-fifth of the described premises ; the case was here before. 77 Mo. 518.
Both parties claim title under Mary La Riviére' who died in 1872, leaving five children, the defendant John La Riviére being one, and Antoine was another. The plaintiffs sue as the heirs and children of Antoine, by a marriage with a half-breed Ponca Indian woman. The evidence shows, or is to the effect, that Antoine went from St Louis to the Indian country, now northern Nebraska, in 1852 or 1856. One witness says in unqualified terms that Antoine was then with the Ponca Indians and…
2Cases cited2 opinions
- Boyer ex rel. McGee v. DivelySupreme Court of Missouri · 1875
- La Riviere v. La RiviereSupreme Court of Missouri · 1883
3Cited by3 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Banks v. GalbraithSupreme Court of Missouri · 1899