Naylor v. Chinn
Missouri Court of Appeals
Appeal from the Howard Circuit Court. — Non. J. A. Hockaday, Judge. (1) The description of the premises contained in the complaint is too indefinite and uncertain. The complaint must describe the land with sufficient definiteness to enable an officer, charged with the execution of a writ of restitution, to find the property. Livingston Oo. v. Morris, Yl Mo. 603: Benne v. Miller, 50 S. W. Rep. 829; Thiemann v. Meier, 25 Mo. App. 306; Elliott v. Abell, 39 Mo.
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Appeal from the Howard Circuit Court. — Non. J. A. Hockaday, Judge. (1) The description of the premises contained in the complaint is too indefinite and uncertain. The complaint must describe the land with sufficient definiteness to enable an officer, charged with the execution of a writ of restitution, to find the property. Livingston Oo. v. Morris, Yl Mo. 603: Benne v. Miller, 50 S. W. Rep. 829; Thiemann v. Meier, 25 Mo. App. 306; Elliott v. Abell, 39 Mo. App. 316. (2) The statute requires the complaint to be verified by the plaintiff, or his agent or attorney. 2 R. S. 1889, p. 1211, sec.…
1Opinion of the CourtGull, J.
This is an action of forcible entry and detainer, the purpose of which is to recover the possession of certain low land or accretion on the Missouri river. The case originated in a justice’s court, was taken by appeal to the circuit court, where, on a trial by jury, plaintiff recovered, and defendant appealed.
I. It is first objected that the description of the land contained in the complaint is too indefinite and uncertain. Yre think there is no merit in this objection. The property sought to be recovered is unsurveyed land formed first into an island on the river and thence growing out to…
2Cases cited6 opinions
- Vaughn v. ScadeSupreme Court of Missouri · 1860
- Silvey v. SummerSupreme Court of Missouri · 1875
- Wiltshire v. TriplettMissouri Court of Appeals · 1897
- Dean v. TraxMissouri Court of Appeals · 1896
- Tipton v. SwayneSupreme Court of Missouri · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hudson v. JonesMissouri Court of Appeals · 1955
- Associates Discount Corp. v. IsgriggsMissouri Court of Appeals · 1968