Mooers v. Martin

This case has been transferred to this court from the St. Louis court of appeals, under the provisions of section 6 of the constitutional amendment *95adopted in 1884. The case is reported in 23 Mo. App. 554, where the majority opinion of that court and the dissenting opinion of Lewis, J., will be found. These opinions make any further statement of facts by ns unnecessary.-

At the time of. the trial there was, we think, under the facts of the case, no question of practical value or importance as to whether plaintiff had waived the defendant’s forfeiture of the possession by the institution of the…