Brown v. Hartzell
Supreme Court of Missouri
Error to and Appeal from Gape Girardeau Court of Common Pleas. — IIon. R. L. Wilson, Judge. (1) The gist of the action of trespass is the injury ■done to the possession of plaintiff. Moore it. Perry, 61 Mo. 174; 2 Grreenl. Evid. (14 Ed.)' secs. 613, 614. And to maintain trespass plaintiff must be in possession, actual or constructive.
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Error to and Appeal from Gape Girardeau Court of Common Pleas. — IIon. R. L. Wilson, Judge. (1) The gist of the action of trespass is the injury ■done to the possession of plaintiff. Moore it. Perry, 61 Mo. 174; 2 Grreenl. Evid. (14 Ed.)' secs. 613, 614. And to maintain trespass plaintiff must be in possession, actual or constructive. Cochrane v. Whitesides, 34 Mo. 417; Moore v. Perry, 61 Mo. 174; Reed v. Price, 30 Mo. 446. (2) The possession of land follows the title, and the owner is presumed to be in possession and may maintain trespass, unless there is an adverse possession, or some…
1Opinion of the CourtBrack, J.
This is an action of trespass in which
plaintiff seeks to recover treble damages, under the statute, for. cutting and carrying away poplar trees from the described premises. Defendant appealed from a judgment of single damages, and plaintiff sued out a writ of' error from an order of the court refusing to treble the damages. Plaintiff claims title to the land from which, the trees were taken, by two patents from the state to. Crumb, and a quit-claim deed from him which was dated April 4, 1882, and recorded on the twenty-sixth of that month. Plaintiff was never in the actual possession of the…
2Cases cited1 opinion
- More v. PerrySupreme Court of Missouri · 1875
3Cited by19 opinions
- Barnhart v. RipkaMissouri Court of Appeals · 1956
- Crenshaw v. UllmanSupreme Court of Missouri · 1893
- Hurt v. AdamsMissouri Court of Appeals · 1900
- Hammontree v. HuberMissouri Court of Appeals · 1890
- Hampton v. MasseyMissouri Court of Appeals · 1893
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