Robinson v. Ramsey
Missouri Court of Appeals
Appeal from Wayne Connty Circuit Court. — Eon. E. M. Bearing, Judge. (1) There is no evidence in this record that the plaintiff, James Robinson, had ever been in possession of the land in controversy at any time prior to the time when the defendant entered into the possession of the same, and was not in possession at the time the defendant entered.
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Appeal from Wayne Connty Circuit Court. — Eon. E. M. Bearing, Judge. (1) There is no evidence in this record that the plaintiff, James Robinson, had ever been in possession of the land in controversy at any time prior to the time when the defendant entered into the possession of the same, and was not in possession at the time the defendant entered. The rule of law is well settled in this State that a person who has never been in possession, though he has legal right thereto, cannot maintain an action for unlawful detainer. Hatfield v. Wallace, 7 Mo. 112; Wood v. Dalton, 26 Mo. 581; Ford v.…
1Opinion of the CourtSturgis, J.
This is a suit for unlawful detainer brought in a justice of a peace court and removed by certiorari to and tried in the circuit court of Wayne county, Missouri. The plaintiff obtained judgment for possession and damages and defendant has appealed. The sole question presented here is whether the plaintiff had such possession of the premises in controversy as will sustain this action at the time defendant “without force by disseizin obtained possession of the said premises” on February 26, 1914. The land in controversy is farm land, having a house and barn thereon and some forty acres or more…
2Cases cited10 opinions
- Bartlett v. DraperSupreme Court of Missouri · 1856
- Leeper v. BakerSupreme Court of Missouri · 1878
- Miller v. NorthupSupreme Court of Missouri · 1872
- Bradley v. WestSupreme Court of Missouri · 1875
- Meriwether v. HoweMissouri Court of Appeals · 1892
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3Cited by4 opinions
- Richardson v. LiggettMissouri Court of Appeals · 1970
- Underwood v. City of CaruthersvilleMissouri Court of Appeals · 1917
- Duffy v. Clark Oil & Refining Corp.Missouri Court of Appeals · 1978
- National Garment Co. v. City of ParisSupreme Court of Missouri · 1983