Kaulleen v. Tillman
Supreme Court of Missouri
Appeal from Osage Circuit Court. — Hon. E. J. Seat, Judge. The law is well settled that unlawful detainer cannot be maintained against one who has had three years uninterrupted possession, nor by one who has not been in possession within three years. 1 Wag.
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Appeal from Osage Circuit Court. — Hon. E. J. Seat, Judge. The law is well settled that unlawful detainer cannot be maintained against one who has had three years uninterrupted possession, nor by one who has not been in possession within three years. 1 Wag. Stat., § 27, p. 646; Bartlett v. Draper, 23 Mo. 407; Blount v. Winright, 7 Mo. 50 ; Hatfield v. Wallace, 7 Mo. 112; Biddle v. Ramsay, 52 Mo. 153; Wood v. Dalton, 26 Mo. 581; Miller v. Tillman, 61 Mo. 316; Beeler v. Cardwell, 29 Mo. 72. The so-called lease did not work an actual change of possession in favor of Miller. Wood v. Dalton, 26'…
1Opinion of the CourtNorton, J.
This is an action of unlawful detainer by defendant, of land, possession of which is claimed by plaintiff. On appeal to the circuit court from the judgment of the justice of the peace, it was tried de novo and judgment rendered for plaintiff, from which defendant has appealed to this court. It appears from the evidence that defendant took possession of the land in 1868, and has resided on it ever since; that in 1871 P. T. Miller obtained judgment against defendant in an action of forcible entry and detainer, which, on appeal to this court, was affirmed, and a writ of restitution awarded, with…
2Cases cited2 opinions
- Grant v. WhiteSupreme Court of Missouri · 1868
- Gillett v. MathewsSupreme Court of Missouri · 1870
3Cited by4 opinions
- Sexton v. HullMissouri Court of Appeals · 1891
- Kelly v. ClancyMissouri Court of Appeals · 1884
- Bradford v. TillyMissouri Court of Appeals · 1896
- Long v. NoeMissouri Court of Appeals · 1892