Hampton v. Massey
Missouri Court of Appeals
Error to the Greene Circuit Court. — Hon. J. T. Neville, Special Judge. There is no controversy but that the plaintiffs were at the time the fence was torn down in possession of the premises which.it inclosed, and, when the defendant entered thereon and tore down the fence, about which fact there is no dispute, he committed a trespass for which, he was liable in damages.
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Error to the Greene Circuit Court. — Hon. J. T. Neville, Special Judge. There is no controversy but that the plaintiffs were at the time the fence was torn down in possession of the premises which.it inclosed, and, when the defendant entered thereon and tore down the fence, about which fact there is no dispute, he committed a trespass for which, he was liable in damages. Moore v. Perry, 61 Mo. 174; Brown v. Marts ell, 87 Mo. 564. And, even if not in possession by themselves bnt in possession by their tenants, plaintiffs are entitled to recover, for injury is done to their freehold, having…
1Opinion of the CourtBond, J.
— This was an action for trespass for the pulling down and carrying away of a fence, placed on certain premises alleged to belong to and in possession of plaintiffs. The defendant admits the tearing down and removal of the fence, and claims that it was on his own land. The law on this subject is well settled that an action of trespass can only be maintained where the *503plaintiff is in the actual or constructive possession ■ of the land whereon the trespass is committed. If the defendant is in possession, the remedy is by ejectment. Brown v. Hartzell, 87 Mo. 564, 568; Moore v. Perry, 61 Mo. 174.…
2Cases cited6 opinions
- Thompson v. IshSupreme Court of Missouri · 1889
- More v. PerrySupreme Court of Missouri · 1875
- Brown v. HartzellSupreme Court of Missouri · 1885
- Bartlett v. DraperSupreme Court of Missouri · 1856
- Miller v. NorthupSupreme Court of Missouri · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Barnhart v. RipkaMissouri Court of Appeals · 1956
- Buckalew v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1904
- Holliday-Klotz Land & Lumber Co. v. Markham & DuckettMissouri Court of Appeals · 1901
- Cox v. BarkerMissouri Court of Appeals · 1899
- Riffel v. Ozark Land & Lumber Co.Missouri Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.