DeGraw v. Prior
Supreme Court of Missouri
Appeal from Carroll Circuit Court. .Instructions Nos. 6 and 7 referred to by the court were as follows: YI. The court instructs the jury that there is no evidence tending to show that the Websters ever took possession of the land in question under the cóntract'for a deed which was read in evidence; and that in the absence of such evidence the said' contract for a deed cannot affect any right to recover which plaintiff may have under the evidence in this case. - YII.
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Appeal from Carroll Circuit Court. .Instructions Nos. 6 and 7 referred to by the court were as follows: YI. The court instructs the jury that there is no evidence tending to show that the Websters ever took possession of the land in question under the cóntract'for a deed which was read in evidence; and that in the absence of such evidence the said' contract for a deed cannot affect any right to recover which plaintiff may have under the evidence in this case. - YII. If the witness Hill, under the agreement which has been read in" evidence, went upon the land in question in July, 1868, and…
1Opinion of the CourtNapton, Judge
• In these actions for forcible entry and detainer, the facts of me cases decided have been-so variant, that it is difficult to deluce any general principle or rule from them.
What acts constitute possession is certainly for the court to ■f.eeide — whether the acts have been done is for the jury ; and \he court may, with propriety, leave the whole matter to the jury, under proper instructions, whore there is any'evidence tending to show a Iona fide prior possession.
Heretofore the court has gone very far in this direction ; but if we go back to the case of Kincaid vs. Logue, (7 M. R., 167) it…
2Cases cited2 opinions
- Crispen v. HannavanSupreme Court of Missouri · 1872
- De Graw v. PriorSupreme Court of Missouri · 1873
3Cited by8 opinions
- Johnson v. School DistrictSupreme Court of Missouri · 1878
- Johnson v. WestSupreme Court of Arkansas · 1883
- Willis v. StevensMissouri Court of Appeals · 1887
- National Garment Co. v. City of ParisSupreme Court of Missouri · 1983
- Rochester v. Gate City Mining Co.Missouri Court of Appeals · 1900
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