Shaw v. Tracy
Supreme Court of Missouri
Appeal from, Saline Circuit Court. — Hon. W. H. Letci-ier, Special Judge. Though, a landlord may be joined as a party defendant in an action of ejectment, the suit must also be brought against the actual occupant. Sibtton n. Caselleggi, 77 Mo. 407; Smith n. Benson, 9 Yert. 139; Ins. Co. v. Cummings, 90 Mo. 267; Clarlcson n. Stanchfleld, 57 Mo. 573.
1Opinion of the CourtBlack, J.
This was an action of ejectment for the undivided one-third of the described land. As this case must be reversed, without remanding, for the reasons hereafter stated, it will be useless to consider the action of the court in sustaining a demurrer to the second,, third, and fourth defences. The instructions for the plaintiffs are based upon the theory that the plaintiffs can recover, though the defendant was not in the actual possession of the land, provided the same was occupied by a tenant of the defendant. The action of ejectment is a possessory action, and must be brought against the…
2Cases cited2 opinions
- Callahan v. DavisSupreme Court of Missouri · 1886
- Charter Oak Life Insurance v. CummingsSupreme Court of Missouri · 1886
3Cited by3 opinions
- Hunter v. WethingtonSupreme Court of Missouri · 1907
- Llewellyn v. LlewellynSupreme Court of Missouri · 1907
- Grundy v. HadfieldSupreme Court of Rhode Island · 1889