Richards v. Smith
Missouri Court of Appeals
Appeal from the Holt Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) In the execution of such writ a person in possession of the premises at the commencement of the suit, and not a party thereto is dispossessed and possession given to the plaintiff, and, if upon the removal of the force the person dispossessed returns to the possession, the plaintiff will not thereby acquire such a possession by the execution of the writ as will entitle him to sustain an action of…
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Appeal from the Holt Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) In the execution of such writ a person in possession of the premises at the commencement of the suit, and not a party thereto is dispossessed and possession given to the plaintiff, and, if upon the removal of the force the person dispossessed returns to the possession, the plaintiff will not thereby acquire such a possession by the execution of the writ as will entitle him to sustain an action of unlawful detainer against the person so returning to the possession. Garrison v. Savignac, 25 Mo. 47; Goerger v. Huffersmith &…
1Opinion of the CourtEllison, J.
This is an action of forcible entry and detainer in which plaintiff recovered judgment and defendant appeals. . It appears that the land in question was the homestead of one A. J. Smith, who died in 1873, leaving a widow and two minor children, who continued to occupy the land as a homestead. On June 3, 1875, the widow gave a deed of trust on the land to secure borrowed money, and the land was sold under this deed of trust in March, 1883, and purchased by plaintiff.
It may be stated parenthetically, that the widow married one Wilson Kinder, in 1876, the residence on the homestead continuing.…
2Cases cited2 opinions
- Garrison v. SavignacSupreme Court of Missouri · 1857
- State ex rel. Planet Property & Financial Co. v. HarringtonMissouri Court of Appeals · 1890