Forder v. Handlan
Missouri Court of Appeals
Appeal from St.. Louis City Circuit Court. — Hon. Moses N. Sale,. Judge. (1) In unlawful detainer, the party in possession of the land at the time of the institution of the suit is the only proper party defendant. Alt v. Hobbs, 62 Mo. App. 669. (2) Unlawful detainer, being a possessory action, must be brought against the party in actual possession, and cannot be maintained against one not in actual possession. Jennings v. Robinson, 82 Mo.
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Appeal from St.. Louis City Circuit Court. — Hon. Moses N. Sale,. Judge. (1) In unlawful detainer, the party in possession of the land at the time of the institution of the suit is the only proper party defendant. Alt v. Hobbs, 62 Mo. App. 669. (2) Unlawful detainer, being a possessory action, must be brought against the party in actual possession, and cannot be maintained against one not in actual possession. Jennings v. Robinson, 82 Mo. App. 544; Armstrong v. Heidrick, 67 Mo. 542; Bowman v. Mehring, 34 111. App. 589; Orrick v. Public Schools, 32 Mo. 315; Bell v. Cowen, 34 Mo. 251. (3) In…
1Opinion of the CourtNortoni, J.
Tliis appeal is wholly without merit. The case is an action for unlawful detainer. Plaintiff recovered and defendant prosecutes the appeal. The question for consideration relates alone to the sufficiency of the evidence to support the finding and judgment to the effect defendant was in actual possession of •the property as tenant of plaintiff at the time of the institution of the suit. The controversy involves the possession of a portion of a brick building situate at Fourth and Gratiot streets in the city of St. Louis to which it is conceded plaintiff owns the title.
It appears the Meyrose…
2Cases cited5 opinions
- Baum v. FryrearSupreme Court of Missouri · 1884
- Orrick v. St. Louis Public SchoolsSupreme Court of Missouri · 1862
- Smith v. RoyseSupreme Court of Missouri · 1901
- Jennings v. RobinsonMissouri Court of Appeals · 1900
- Hannibal & St. Joseph Railroad v. HillSupreme Court of Missouri · 1875
3Cited by2 opinions
- First Nat. Bank of Kansas City v. KavorinosSupreme Court of Missouri · 1954
- Williams v. TreeceMissouri Court of Appeals · 1914