Kries v. Holladay-Klotz Land & Lumber Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Wm. E. Kinsey, Judge. This is an action of trespass for the cutting of timber and before such an action can be maintained, a plaintiff must show either that he had actual possession of the land at the time of the trespass (in which event he need not show actual title in himself), or if the land be in the actual possession of no one then he must show that he had actual title to the land, which combination of non-actual…
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Appeal from St. Louis City Circuit Court. — Eon. Wm. E. Kinsey, Judge. This is an action of trespass for the cutting of timber and before such an action can be maintained, a plaintiff must show either that he had actual possession of the land at the time of the trespass (in which event he need not show actual title in himself), or if the land be in the actual possession of no one then he must show that he had actual title to the land, which combination of non-actual possession by anyone and actual title in plaintiff makes out what the courts term constructive possession, which sort of…
1Opinion of the CourtGoode, J.
(after stating the facts.) 1. — Counsel for defendant say there is no evidence for the jury tending to show actual possession of the land in plaintiff; a point we find it unnecessary to decide. Regarding the abstract of title, their position is that it was competent evidence in connection with McGhee’s testimony in respect of all conveyances shown by it, except the tax deed purporting to convey the land for taxes to Samuel Rousin, dated April 6,1882. That deed appears to have been made while the title to the land was vested in Samuel Ford. Without the tax deed a link is missing in plaintiff’s…
2Cases cited27 opinions
- Kane v. McCownSupreme Court of Missouri · 1874
- Thompson v. ThompsonIndiana Supreme Court · 1857
- Miller & Lux v. Kern County Land Co.California Supreme Court · 1903
- Hopkins v. ScottSupreme Court of Missouri · 1885
- Dejarnett v. HaynesMississippi Supreme Court · 1852
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3Cited by2 opinions
- State Ex Rel. United States Fire Insurance v. TerteSupreme Court of Missouri · 1943
- Oklahoma Ex Rel. Freeling v. National City BankMissouri Court of Appeals · 1925