Young v. Downey
Supreme Court of Missouri
Appeal from the Platte Circuit Court. — Hon. W. H. Roney, Special Judge, (1) This is not a suit for “use and occupation” of the land described in the petition, but it is a suit in trespass for the mesne profits received by the defendants while in the unlawful possession of the lands.
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Appeal from the Platte Circuit Court. — Hon. W. H. Roney, Special Judge, (1) This is not a suit for “use and occupation” of the land described in the petition, but it is a suit in trespass for the mesne profits received by the defendants while in the unlawful possession of the lands. At common law it was necessary, in order to recover in a case of this kind, to show, first, title to or possession of the premises; second, expulsion of the plaintiff; third, reception of rents or profits by defendant; fourth, re-entry by the plaintiff. 26 Am. and Eng. Ency., p. 616, sec. 4 and cases cited. At…
1Opinion of the CourtBurgess, J.
On the twelfth day of March, 1896, plaintiff as administrator of the estate of Lewis Downey, deceased, began suit in the circuit court of Platte county against J. M. Downey and William Rees to recover compensation for the use and occupation by them of certain lands described in the petition.
On August 11, 1896, plaintiff filed in said court his amended petition, which, omitting formal parts, is as follows: Plaintiff states that Lewis Downey died *265intestate in the county of Olay in the State of Missouri, on or about the fifteenth day of June, 1895, and that afterwards to wit, on the - day of…
2Cases cited9 opinions
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Edmonson v. KiteSupreme Court of Missouri · 1869
- Hood v. MathisSupreme Court of Missouri · 1855
- Cohen v. KylerSupreme Court of Missouri · 1858
- Hughes v. CarsonSupreme Court of Missouri · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nathan v. DierssenCalifornia Supreme Court · 1913
- Falejczyk v. MeoAppellate Court of Illinois · 1961
- Cape Girardeau & Thebes Bridge Terminal Railroad v. St. Louis & Gulf Railway Co.Supreme Court of Missouri · 1909
- Starbuck v. AveryMissouri Court of Appeals · 1908
- Bracht v. JohnsonMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.