Holden Building & Loan Ass'n v. Wann
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The evidence clearly entitled plaintiff to a finding and judgment, and the court erred in refusing plaintiff’s first declaration. Pentz «. Kuester, 41 Mo. 447; Kingman v. Abington, 56 Mo. 46 ; R. S. 1879, sec. 3080. (2) The plaintiff was in possession upon Bryan’s delivering the keys of the house to it.
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Appeal from the Johnson Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The evidence clearly entitled plaintiff to a finding and judgment, and the court erred in refusing plaintiff’s first declaration. Pentz «. Kuester, 41 Mo. 447; Kingman v. Abington, 56 Mo. 46 ; R. S. 1879, sec. 3080. (2) The plaintiff was in possession upon Bryan’s delivering the keys of the house to it. Possession in person was not required, and the court erred in refusing the first declaration of plaintiff. Kingman v. Abington, supra. (3) The court erred in the declaration of law, given of its own motion, to the effect…
1Opinion of the CourtGill, J.
This is an action of forcible entry and detainer, to recover possession of a town lot a.nd house thereon situated, in the city of Holden, Missouri. The cause was tried by the court without the aid of a jury, judgment rendered for defendant and plaintiff appeals. The house and lot were formerly owned by Mrs. M. E. Wann, the defendant. In the years 1884 and'1885, she made two separate deeds oh trust on the property to secure the payment of some indebtedness to the plaintiff Building and Loan Association. Having defaulted in the notes secured by the deeds of trust, the said property was, by the…
2Cases cited3 opinions
- Lindenbower v. BentleySupreme Court of Missouri · 1885
- Culverhouse v. WortsMissouri Court of Appeals · 1888
- Krank v. NicholsMissouri Court of Appeals · 1878