Orrick v. St. Louis Public Schools
Supreme Court of Missouri
Appeal from, Si. Louis Land Court. Plaintiff brought his action for forcible entry and detainer against the defendants, before a justice of the peace, from whence the case was removed by certiorari to the St. Louis Land Court. The plaintiff claimed that he was in the actual possession of part of lot eighteen, in Robt.
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Appeal from, Si. Louis Land Court. Plaintiff brought his action for forcible entry and detainer against the defendants, before a justice of the peace, from whence the case was removed by certiorari to the St. Louis Land Court. The plaintiff claimed that he was in the actual possession of part of lot eighteen, in Robt. N. Moore’s addition to the city of St. Louis, having a front of twenty feet on the south side of West Mound street, by seventy-six feet in depth, and that the defendants had forcibly ousted him from his possession of said premises, and forcibly detained the possession. It…
1Opinion of the CourtDryden, Judge
The party in the actual possession of the premises detained at the time of the institution of an action of forcible entry and detainer is the one liable to the action. In this case, it is manifest the plaintiff was forcibly and wrongfully ousted of his possession by the defendants; yet the evidence shows that before the suit was brought the defendants leased and delivered the exclusive possession of the premises in controversy to one Hollingsworth, who, at the institution of the suit, still held such possession ; and he, therefore, and not the defendants, should have been sued. (R. C. 1855,…
2Cited by11 opinions
- Armstrong v. HendrickSupreme Court of Missouri · 1878
- First Nat. Bank of Kansas City v. KavorinosSupreme Court of Missouri · 1954
- Bell v. CowanSupreme Court of Missouri · 1863
- Bagley v. SternbergSupreme Court of Minnesota · 1886
- Loan v. SmithMissouri Court of Appeals · 1898
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