Blumenthal v. Waugh
Supreme Court of Missouri
Appeal from St. Louis Land Court. The petition states that on 12th August, 1858, the plaintiff was lawfully possessed of a lot of land in Carondelet, being the south-west quarter of block 6 in Eiler’s survey, fronting 160 feet 5 inches on east side of Main street, by a depth of 160 feet 5 inches ; and that on that day the defendants forcibly and unlawfully entered into possession of the same, and unlawfully detain a part thereof, viz., 160 feet 5 inches on Main street, by a…
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Appeal from St. Louis Land Court. The petition states that on 12th August, 1858, the plaintiff was lawfully possessed of a lot of land in Carondelet, being the south-west quarter of block 6 in Eiler’s survey, fronting 160 feet 5 inches on east side of Main street, by a depth of 160 feet 5 inches ; and that on that day the defendants forcibly and unlawfully entered into possession of the same, and unlawfully detain a part thereof, viz., 160 feet 5 inches on Main street, by a depth of 180 feet. I. The first instruction given for plaintiff ought not to have been given. Passing by the matters…
1Opinion of the CourtBates, Judge
This is an action begun before a justice of the peace for forcible entry and detainer.
It appears that plaintiff had possession of a lot in the city of Carondelet; that his fence upon the lot did not enclose quite the whole lot, but left out a portion through which a large gully ran, and that the defendant Waugh, with the defendant Donnelly and other men who seemed to be under the direction of Waugh, forcibly, and with actual display of firearms, took possession of the lot, and built another fence all around the lot outside of plaintiff’s fence. The defendant Donnelly remained on the lot, on…
2Cited by3 opinions
- St. Louis Brewing Ass'n v. NiederlueckeMissouri Court of Appeals · 1903
- Tuttle v. DavisMissouri Court of Appeals · 1892
- Welden Damm v. Myers HinzMissouri Court of Appeals · 1923