Lane v. Dobyns
Supreme Court of Missouri
ERROR, to St. Louis Court of Common Pleas. Statement of the Case. In this case the plaintiff sued the defendant in an action of trespass, and the declaration alleged that the plaintiff was legally entitled to the possession of certain premises, hut that defendant entered thereupon and ejected plaintiff and took possession of the premises, and the rents and profits thereof for the space of four years, to the damage of the plaintiff five hundred dollars.
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ERROR, to St. Louis Court of Common Pleas. Statement of the Case. In this case the plaintiff sued the defendant in an action of trespass, and the declaration alleged that the plaintiff was legally entitled to the possession of certain premises, hut that defendant entered thereupon and ejected plaintiff and took possession of the premises, and the rents and profits thereof for the space of four years, to the damage of the plaintiff five hundred dollars. To this declaration, defendant pleaded in abatement, that at the time when the trespasses mentioned in the declaration were committed, Cyprian…
1Opinion of the CourtMcBride, J.
Did the Court err in overruling the demurrer to the defendants plea in abatement? In support of the demurrer, reference is made to 1 Chitty’s Plead., 75, 76, where it is stated that “a tenant in common may however in general sue separately; as in ejectment for his undivided share, or in trespass for the mesne profits, or in debt for double value against a person who has held over after the expiration of his tenancy. But a joint action for mesne profits may be supported by several lessor’s of the plaintiff in ejectment after recovery therein, although there were only seperate demises by each.”…
2Cited by4 opinions
- Leisse v. St. Louis & Iron Mountain RailroadMissouri Court of Appeals · 1876
- Buss v. Prudential Ins. Co. of AmericaCourt of Appeals for the Eighth Circuit · 1942
- Lumerate v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Clapp v. Pawtucket Institution for SavingsSupreme Court of Rhode Island · 1887