Sitton v. Sapp
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. Jno. A. Hock ad ay, Judge. (1) This is an action of forcible entry and detainer, and to maintain it, plaintiffs only have to show that they were in possession, and that the defendants intruded upon it.
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Appeal from the Boone Circuit Court. — Hon. Jno. A. Hock ad ay, Judge. (1) This is an action of forcible entry and detainer, and to maintain it, plaintiffs only have to show that they were in possession, and that the defendants intruded upon it. This is the sole issue and the trial court seemed to have recognized this well settled principle of our law in giving plaintiffs’ declarations of law numbers 1 and 2. (2) As to what acts constitute possession must be determined with reference to the nature and use of the property in controversy. Continuous occupancy is not necessary to constitute…
1Opinion of the CourtGill, J.
This is an action of forcible entry and detainer, brought before a justice of the peace, wherein plaintiffs charged the defendants with forcibly breaking open and taking possession of what is known as Goshen Primitive Baptist Church, in Boone county, Missouri, and which, it is alleged, was at the time in the peaceable possession of the plaintiffs. The cause was removed by certiorari to the circuit court, where, on a trial before the court without the aid of a jury, there was a finding and judgment for defendants, ■ and plaintiffs have appealed.
The facts necessary to be stated, and which have…
2Cases cited2 opinions
- Thompson v. MarshallMissouri Court of Appeals · 1892
- Compton v. BakerMissouri Court of Appeals · 1889
3Cited by7 opinions
- Chappee v. Lubrite Refining Co.Supreme Court of Missouri · 1935
- Balch v. MyersMissouri Court of Appeals · 1896
- Redman v. PerkinsMissouri Court of Appeals · 1906
- Graham v. WomackMissouri Court of Appeals · 1900
- Van Stewart ex rel. Magruder v. MilesMissouri Court of Appeals · 1904
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