Crain v. Murry
Missouri Court of Appeals
Appeal from the Daviess Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The court erred in finding for the plaintiff under the facts in this case and under its own given instructions in behalf of defendant. Bell v. Cowan, 34 Mo. 253, 254. (2) The court erred in finding for the plaintiff under the law and in overruling appellant’s motion for a new trial, in which it was insisted that the judgment is against the law under the facts of the case.
Read the full summary
Appeal from the Daviess Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The court erred in finding for the plaintiff under the facts in this case and under its own given instructions in behalf of defendant. Bell v. Cowan, 34 Mo. 253, 254. (2) The court erred in finding for the plaintiff under the law and in overruling appellant’s motion for a new trial, in which it was insisted that the judgment is against the law under the facts of the case. This is an action of forcible entry and detainer. It should have been, if anything, an action for unlawful detainer. Garrison v. Savignac, 25 Mo. 47;…
1Opinion of the CourtEllison, J.
This is an action for forcible entry and detainer for eighty acres of farm land in which judgment in the trial court was given for plaintiff.
statement The facts necessary to an understanding of the case are these. The defendant, counting the time before her husband’s death, had occupied the premises ^01’ iaearly thirty years before the year 1895, when an action of ejectment was begun against her tenant who was her son. Her son was only in possession as tenant of sixty-four acres, the remaining sixteen acres being retained by the defendant. It seems, however, that plaintiff’s action of…
2Cases cited2 opinions
- Craig v. DonnellyMissouri Court of Appeals · 1887
- Garrison v. SavignacSupreme Court of Missouri · 1857