Reed v. Price
Supreme Court of Missouri
Error to Cole Circuit Court. This was an action against Thomas L. Price and others to recover damages for an alleged wrongful entry upon a certain lot in the city of Jefferson, “ of which the plaintiff then was and still is in possession and owner,” and the building of an embankment thereon. The plaintiff alleges special damages. The embankment was built in the construction of the Pacific railroad.
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Error to Cole Circuit Court. This was an action against Thomas L. Price and others to recover damages for an alleged wrongful entry upon a certain lot in the city of Jefferson, “ of which the plaintiff then was and still is in possession and owner,” and the building of an embankment thereon. The plaintiff alleges special damages. The embankment was built in the construction of the Pacific railroad. The defendants, by their answer, put in issue the alleged ownership of plaintiff, but did not deny the possession. At the trial plaintiff proved his possession, and introduced evidence tending to…
1Opinion of the CourtEwing, Judge
The possession of the plaintiff being conceded, and the defendant claiming no title to the premises or license from the owner to enter, the question is whether evidence of want of title in the plaintiff was admissible.
The law has been too long and too well settled to render it necessary to cite authorities in support of the position that possession is sufficient to maintain an action of trespass. In this action the defendant may dispute the plaintiffs’ posses-sory right, by showing that the title and possessory right are vested in himself or another, under whom he claims or whose authority he…
2Cited by14 opinions
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- Smith v. CowenMissouri Court of Appeals · 1961
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