Stewart v. Miles
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The facts in the case all show that plaintiff’s claim of possession at the time defendant entered is not bona fide but a mere pretense, and sham. He was not there — had nothing there, and by his contract of hiring to Magruder shows that he did not intend to return. His acts are inconsistent with his claim. He Graw v. Prior, 60 Mo. 56; Keen v. Schweiggler, 70 Mo.
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Transferred from St. Louis Court of Appeals. (1) The facts in the case all show that plaintiff’s claim of possession at the time defendant entered is not bona fide but a mere pretense, and sham. He was not there — had nothing there, and by his contract of hiring to Magruder shows that he did not intend to return. His acts are inconsistent with his claim. He Graw v. Prior, 60 Mo. 56; Keen v. Schweiggler, 70 Mo. App. 409. (2) Before the action of forcible entry and detainer can be maintained, the plaintiff must be in exclusive possession when the ouster is made. There can be no question that…
1Opinion of the CourtSherwood, P. J.
Forcible entry and detainer brought by Van R. Stewart against Ben. Miles, before a justice of the peace, and taken by appeal by defendant to the circuit court, and from thence by him by appeal to the Court of Appeals, from which latter tribunal it has been transferred to this court.
George Magruder had bought the bcus in quo, a farm, and received a conveyance therefor, subject, however, to a deed of trust. After such purchase, he rented to Van R. Stewart, plaintiff, the premises; this was in August, 1896, and the terms of the parol lease were such that it was to continue until March, 1898. It…
2Cases cited9 opinions
- Donnell v. HarsheSupreme Court of Missouri · 1877
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Meier v. MeierSupreme Court of Missouri · 1891
- Carter v. MarshallIllinois Supreme Court · 1874
- Fleming v. MillsIllinois Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Van Stewart ex rel. Magruder v. MilesMissouri Court of Appeals · 1904
- In Re Modern Textile, Inc., Debtor. Al Kopolow and Al Kopolow Investment Company v. P.M. Holding Corporation, A. Thomas Dewoskin, Trustee, and Continental Textile Corporation of America, in Re Modern Textile, Inc., Debtor. Al Kopolow and Al Kopolow Investment Company v. P.M. Holding Corporation, A. Thomas Dewoskin, Trustee, Continental Textile Corporation of AmericaCourt of Appeals for the Eighth Circuit · 1984
- Hankins v. Ozark Forest ProductsMissouri Court of Appeals · 1983
- Kopolow v. P.M. Holding Corp.Court of Appeals for the Eighth Circuit · 1984