Cochran v. Whitesides
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. The distinction between the different actions at law, and actions at law and suits in equity, and the forms of all such actions and suits, had been abolished by the practice act of 1849, under which this suit was brought; and although at common law the action would have been trespass, and subject to all the rules applicable to that form of action, yet under the statute the only inquiry to be made is, whether the plaintiff under the…
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Appeal from Lincoln Circuit Court. The distinction between the different actions at law, and actions at law and suits in equity, and the forms of all such actions and suits, had been abolished by the practice act of 1849, under which this suit was brought; and although at common law the action would have been trespass, and subject to all the rules applicable to that form of action, yet under the statute the only inquiry to be made is, whether the plaintiff under the pleadings and evidence is entitled to a remedy; in other words, whether she could recover under her title to the land in…
1Opinion of the CourtDryden, Judge
This was an action commenced under the practice act of 1849, to recover damages for wrongfully entering and cutting timber on the land of the plaintiff. The evidence on the trial tended to show that at the time of the commission of the trespasses complained of, and for several years prior thereto, the defendant was in the actital possession of the land trespassed upon, claiming and holding the same adversely to the plaintiff. The court instructed as follows: “ If the jury find that at the time of the commission of the alleged trespasses the plaintiff was not in the actual possession of the…
2Cases cited2 opinions
- Mather v. Ministers of Trinity ChurchSupreme Court of Pennsylvania · 1817
- Cook v. Foster ex rel. CorbinIllinois Supreme Court · 1845
3Cited by10 opinions
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- More v. PerrySupreme Court of Missouri · 1875
- Deland v. VanstoneMissouri Court of Appeals · 1887
- Lindenbower v. BentleySupreme Court of Missouri · 1885
- Brown v. CarterSupreme Court of Missouri · 1873
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