Grant v. White
Supreme Court of Missouri
Jlpjieal from St. Louis Circuit Court. I. The plaintiffs must prove a lawful possession of the real estate within three years before suit, and not merely constructive but actual possession. And it is not pretended that plaintiffs ever were in possession of the premises. (Gen. Stat. 1865, P. 732, §27.) II. The writing offered in evidence, signed by Julia B. Grant and Joseph W. White, did not give possession to plaintiffs.
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Jlpjieal from St. Louis Circuit Court. I. The plaintiffs must prove a lawful possession of the real estate within three years before suit, and not merely constructive but actual possession. And it is not pretended that plaintiffs ever were in possession of the premises. (Gen. Stat. 1865, P. 732, §27.) II. The writing offered in evidence, signed by Julia B. Grant and Joseph W. White, did not give possession to plaintiffs. (1 Tucker, 119, and Chitty’s note. ) It was executed by a femme covert, not as agent for her husband, and not for her separate property, as known to the law, and is not…
1Opinion of the CourtWagner, Judge
Plaintiffs brought their action before a justice of the peace, under the'provisions of the statute for an unlawful detainer, and on a trial the jury found a verdict for the defendant. . On an appeal to the Circuit Court, the judgment of the justice was reversed and judgment rendered for the plaintiffs. The record shows that defendant purchased the land in controversy, about seven years previous to the trial, and took possession of the same, and has continued in possession ever since. He gave a mortgage on the land to secure the deferred payments, which mortgage was foreclosed and the land…
2Cases cited5 opinions
- Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
- Whalin v. . WhiteNew York Court of Appeals · 1862
- Jackson ex dem. Bowne v. HinmanNew York Supreme Court · 1813
- Jackson ex dem. Church v. MillerNew York Supreme Court · 1827
- Lewis v. MorrowSupreme Court of Missouri · 1886
3Cited by33 opinions
- Millhouse v. Drainage District No. 48 of Dunklin CountyMissouri Court of Appeals · 1957
- Carteri v. RobertsCalifornia Supreme Court · 1903
- Silvey v. SummerSupreme Court of Missouri · 1875
- Montgomery v. WillisNebraska Supreme Court · 1895
- State v. CooleyNebraska Supreme Court · 1952
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