Hyde v. Fraher
Missouri Court of Appeals
Appeal from the Chariton Circuit Court, Hon. Gr. D. Burgess, Judge. The case is stated in the opinion. I. The circuit court erred in sustaining the defendant's demurrer to the plaintiff' s evidence.
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Appeal from the Chariton Circuit Court, Hon. Gr. D. Burgess, Judge. The case is stated in the opinion. I. The circuit court erred in sustaining the defendant's demurrer to the plaintiff' s evidence. The plaintiff acquired the actual possession of the land in question in the month of August or September, 1880, and had the same leased to tenants, who were in the actual possession under the lease as plaintiff’s tenants, when the defendant forcibly entered and took the possession. The term of the plaintiff’s tenants expired on March 1, 1883, and thereafter, on April 7, 1883, the plaintiff…
1Opinion of the CourtHall, J.
This was an action of forcible entry and detainer. The plaintiff’s tenant was, under his. lease, in possession of the premises at the time of the alleged forcible entry. After the expiration of the term of the lease the defendant, being still in possession of the premises, the plaintiff brought this action of forcible entry and detainer,
The single question is presented in this case, can a landlord maintain an action of forcible entry and detainer for the dispossession of his tenant during the term of the lease, after the expiration thereof ? The circuit court held that the landlord could not…
Also in this document: Concurrence.
2Cases cited3 opinions
- Krevet v. MeyerSupreme Court of Missouri · 1856
- Burns v. PatrickSupreme Court of Missouri · 1858
- Polack v. ShaferCalifornia Supreme Court · 1873
3Cited by2 opinions
- Chezum v. CampbellWashington Supreme Court · 1906
- Cutler v. Co-operative BrotherhoodWashington Supreme Court · 1903