Kennedy v. Broyles
Missouri Court of Appeals
Appeal from the Linn Circuit Court. — Hon. G-. D. Burgess, Judge.- (1) The complainant, being the wife of Wm. C. Kennedy, had no legal capacity to maintain this action. Her husband owned the legal title and was in the actual possession of the land in his own right, and while such owner and so possessed he sold the land to the defendant, who, under his purchase and in pursuance of his contract, entered upon and took the possession thereof.
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Appeal from the Linn Circuit Court. — Hon. G-. D. Burgess, Judge.- (1) The complainant, being the wife of Wm. C. Kennedy, had no legal capacity to maintain this action. Her husband owned the legal title and was in the actual possession of the land in his own right, and while such owner and so possessed he sold the land to the defendant, who, under his purchase and in pursuance of his contract, entered upon and took the possession thereof. When William C. Kennedy made the sale and transfer of possession, his wife did not have any possession, or right of possession, separate from and…
1Opinion of the CourtEllison, J.
This is an action of forcible entry and detainer for eighty acres of land. Plaintiff recovered below.
It appears that plaintiff’s husband owned the land in dispute, and on the fifteenth of April, 1891, he sold and conveyed it by deed to defendant, defendant paying him in cash and in assumption of a mortgage then on the land. He says that Kennedy “gave him possession,” and that he entered next day, the sixteenth, “under his purchase,” and begun to repair the fences. That, on April 21, he entered again, he again worked at repairing the fences on the place, and on May 2 he began plowing, Kennedy…
2Cases cited1 opinion
- Shores v. ShoresMissouri Court of Appeals · 1889