Miller v. Northup
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. The evidence shows that the land in controversy was, at the time appellants entered, uninclosed, no person residing on it, nor was any part of it in cultivation, nor was there anything connected with the property which indicated to the public that any person claimed to be in possession of the premises. It was a smooth prairie tract, entirely barren of improvements of any kind or description.
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Appeal from Sullivan Circuit Court. The evidence shows that the land in controversy was, at the time appellants entered, uninclosed, no person residing on it, nor was any part of it in cultivation, nor was there anything connected with the property which indicated to the public that any person claimed to be in possession of the premises. It was a smooth prairie tract, entirely barren of improvements of any kind or description. There was no actual possession as distinguished from constructive. An actual possession is required. (Brown v. Dean, 9 Mo. 298 ; Holland v. Reed, 11 Mo. 605 ; McCartney…
1Opinion of the CourtWagner, Judge
This was an action of forcible entry and detainer, brought by the plaintiff against the defendant, to recover the possession of a tract of land lying in Linn county. Before the justice of the peace plaintiff had judgment, and on appeal to the Circuit Court the finding was again for him. The record shows that the plaintiff purchased the land, and within a short time thereafter had it surveyed and the corner-stones established ; that during that year and the year following he cut hay upon the land, and permitted no person to use it without his consent. After his purchase he had it assessed in…
2Cases cited6 opinions
- Langworthy v. MyersSupreme Court of Iowa · 1856
- Bartlett v. DraperSupreme Court of Missouri · 1856
- McCartney's v. AldersonSupreme Court of Missouri · 1869
- Hoffstetter v. BlattnerSupreme Court of Missouri · 1843
- Wall v. NelsonCourt of Appeals of Kentucky · 1823
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bradley v. WestSupreme Court of Missouri · 1875
- Willis v. StevensMissouri Court of Appeals · 1887
- School District Number 4 v. HolmesMissouri Court of Appeals · 1893
- Pearce v. TittsworthSupreme Court of Missouri · 1885
- Taylor v. ScottOregon Supreme Court · 1883
10 more not listed; retrieve them via the Exa API.