Parker v. Shackelford
Supreme Court of Missouri
Appeal from, Lafayette County Circuit Court. I. Respondent was not in possession of tbe premise's in question, and could not maintain this action. (1 Chit. PL, p. 62-64.) A landlord cannot during a subsisting lease maintain trespass for an injury to the land. (1 Chit. PI., p. 175.) This is tiie rale in this State. (See Roussin vs. Benton, 6 Mo., 592 ; Sige'rson vs. Hornsby, 14 Mo., 71; Cochrau vs. Whitesides, 34 Mo., 417 ; Brown vs. Carter, 52 Mo., 46.) ' II.
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Appeal from, Lafayette County Circuit Court. I. Respondent was not in possession of tbe premise's in question, and could not maintain this action. (1 Chit. PL, p. 62-64.) A landlord cannot during a subsisting lease maintain trespass for an injury to the land. (1 Chit. PI., p. 175.) This is tiie rale in this State. (See Roussin vs. Benton, 6 Mo., 592 ; Sige'rson vs. Hornsby, 14 Mo., 71; Cochrau vs. Whitesides, 34 Mo., 417 ; Brown vs. Carter, 52 Mo., 46.) ' II. If there is a mistake in the location of a line, a party, upon the discovery of the mistake, is not barred by limitation or estopped…
1Opinion of the CourtNapton, Judge
This suit was to recover damages for a trespass by a road overseer and bis bands in cutting down a bois Ware fence. The principal defendant pleaded that he committed the trespass alleged in the prosecution of his duty as a road supervisor ; and the other defendants that they were summoned by said supervisor to assist iu opening the road. The pleadings are not very condensed, the evidence quite extensive and the instructions numerous, but the facts in the ease are plain and simple, and may be stated in a few words, the merits of the case depending upon one or two very plain propositions of…
2Cases cited1 opinion
- Malecek v. Tower Grove & Lafayette Railway Co.Supreme Court of Missouri · 1874
3Cited by12 opinions
- Smith v. WadeSupreme Court of the United States · 1983
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Crenshaw v. UllmanSupreme Court of Missouri · 1893
- Albi v. ReedSupreme Court of Missouri · 1955
- Russell v. MeyerNorth Dakota Supreme Court · 1898
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