Legal Opinion

Ish v. Chilton

Supreme Court of Missouri

Decided January 15, 1858PublishedCited by 6 opinions

Appeal from Jackson Court of Common Pleas. This was an action of unlawful detainer. The following is the complaint: “ Plaintiff states that defendant unlawfully detains from him a tract of land belonging to plaintiff, lying in Jackson county, Missouri, described and known as eighty acres of land lying immediately east of the lands of the heirs of Jonathan Colcord, deceased, and immediately east of the dwelling house on said lands occupied by Mrs. Rebecca Col-cord, being the…

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Appeal from Jackson Court of Common Pleas. This was an action of unlawful detainer. The following is the complaint: “ Plaintiff states that defendant unlawfully detains from him a tract of land belonging to plaintiff, lying in Jackson county, Missouri, described and known as eighty acres of land lying immediately east of the lands of the heirs of Jonathan Colcord, deceased, and immediately east of the dwelling house on said lands occupied by Mrs. Rebecca Col-cord, being the same farm occupied by Robert Daniel, jr., in the year 1855, and from which he removed in the spring of 1856; that said…

1Opinion of the CourtNapton, Judge

The sixth section of the act concerning forcible entry and detainer (R. C. 1855, p. 788) is the one which we understand to regulate the form and substance of a complaint under this statute. In that section the facts which must be stated in the complaint to authorize the justice to issue his writ are pointed out. The complaint must be in writing, signed by the party aggrieved or his attorney, and verified by affidavit. It must specify the land or tenement upon which the forcible entry and detainer or the unlawful detainer has been committed; must state by whom the wrong is done, and at what…

2Cited by6 opinions

  1. Gary Realty Co. v. KellySupreme Court of Missouri · 1919
  2. Witte v. QuinnMissouri Court of Appeals · 1890
  3. Alexander v. WestcottSupreme Court of Missouri · 1865
  4. Bradford v. TillyMissouri Court of Appeals · 1896
  5. Hoster v. LangeMissouri Court of Appeals · 1899

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