Avitt & Robinson v. Farrell
Missouri Court of Appeals
■Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) It is essential either in trespass under our statute or in trover for the plaintiff to allege and prove that he had possession, actual or constructive, of the realty at the date of the defendant’s alleged wrongful entry upon it. Delandv. Vanstone, 26 Mo.
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■Appeal from the Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) It is essential either in trespass under our statute or in trover for the plaintiff to allege and prove that he had possession, actual or constructive, of the realty at the date of the defendant’s alleged wrongful entry upon it. Delandv. Vanstone, 26 Mo. App. 297; Hampton v. Massey, 53 Mo.'App. 501; Brown v. Hart-sell, 87 Mo. 564; Lindenboioer v. Bentley, 86 Mo. 515; Garner v. McCulloch, 48 Mo. 318. (2) Standing grass is part of the realty and no person can be in possession of it without having the actual possession of…
1Opinion of the CourtEllison, J.
This is an action in trespass wherein plaintiffs seek to recover treble damages of defendant for cutting and carrying away certain timothy grass. The action was brought under section 8675, Eevised Statutes, 1889. The judgment below was for plaintiffs, the damages being trebled.
The facts necessary to determine the controversy - are these: One Uphouse was the owner of the land on which the grass was growing. He had rented the land to one Hord, who was in possession thereof, and, at about the time when the meadow was ready for cutting, he sold ten acres of the grass to plaintiffs. Defendant…
2Cases cited4 opinions
- More v. PerrySupreme Court of Missouri · 1875
- Brown v. HartzellSupreme Court of Missouri · 1885
- Smock v. SmockMissouri Court of Appeals · 1889
- Hosli v. YokelMissouri Court of Appeals · 1894
3Cited by3 opinions
- Leidy v. CarsonMissouri Court of Appeals · 1905
- Lewis v. MasonMissouri Court of Appeals · 2018
- H. D. Williams Cooperage Co. v. Quercus Lumber Co.Missouri Court of Appeals · 1915