Oakes v. Aldridge
Missouri Court of Appeals
Appeal from the DeKalb Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) “ Forcible entry and detainer is not applicable in a case of a peaceful entry by one under color of title in himself, or as tenant of some person other than plaintiff.” Ferrell ®. Lamar, 1 Wis. 8; Winter field ®. Strauss, 24 Wis. 394. This was also the English rule and is followed in New York The People ». Fields, 1 Lans.
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Appeal from the DeKalb Circuit Court. — Hon. C. H. S. Goodman, Judge. (1) “ Forcible entry and detainer is not applicable in a case of a peaceful entry by one under color of title in himself, or as tenant of some person other than plaintiff.” Ferrell ®. Lamar, 1 Wis. 8; Winter field ®. Strauss, 24 Wis. 394. This was also the English rule and is followed in New York The People ». Fields, 1 Lans. (N. Y.) 222,224. As the plaintiff ’ s evidence tends to show that another than defendant ousted him, and that before defendant entered plaintiff’s possession had been terminated, the case cannot be…
1Opinion of the CourtEllison, J.
rThis is an action for the forcible entry and detainer of a farm in DeKalb county, in which plaintiff obtained judgment in the trial court for possession and for $560 damages and for $40 as monthly rents and profits, until restitution.
It appears that plaintiff’s father, with whom plaintiff resided, had possession and either owned or had owned the premises; that while owner he gave a mortgage on the premises to Messrs. Harwood and Frederick to secure the payment of $2,500 ; that after-wards, on failing to pay interest, he gave up the farm, or the possession thereof, to Harwood and Frederick…
2Cases cited3 opinions
- Culverhouse v. WortsMissouri Court of Appeals · 1888
- Garrison v. SavignacSupreme Court of Missouri · 1857
- Goerges v. HufschmidtSupreme Court of Missouri · 1869
3Cited by2 opinions
- Wegner v. LubenowNorth Dakota Supreme Court · 1903
- Roosevelt Hotel Corp. v. WilliamsMissouri Court of Appeals · 1933