Bradley v. West
Supreme Court of Missouri
Jlppeal from, Carroll Circuit Court. Plaintiff in this action must do some act furnishing visible tokens of occupancy. Temporary presence of itself is insufficient.
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Jlppeal from, Carroll Circuit Court. Plaintiff in this action must do some act furnishing visible tokens of occupancy. Temporary presence of itself is insufficient. (Miller vs. Nortlirup, 49 Mo., 398 ; DeGraw vs. Pri- or, 53 Mo., 313; Gittings vs. Moale, 21 Md., 135; Stewart vs. Wilson, 1 A. K. Marsh., 255 ; see also McCartney vs. McMullen, 38 111., 241; McCartney’s Adm’x vs. Alderson, 45 Mo., 39; Harris vs. Turner, 46 Mo., 438; Miller vs. Shaw, 7 Serg. & B., 129; People vs. Nelson, 13 Johns., 340.) Inf this case plaintiff merely went on the land, paced off forty acres in the south-west…
1Opinion of the CourtWagner, Judge
This was an action of forcible entry and detainer, for a strip of land in Carroll county, and the instructions of the court constitute the only matters of inquiry.
The trial was before the court sitting as a jury, and the first declaration was to the effect that if plaintiff was at any time within three years next before the commencement of the action in peaceable possession of the premises, and whilst so in possession, and without his consent and against his will, defendant took possession, then the finding should be for the plaintiff, and that it was not necessary, to constitute possession…
2Cases cited5 opinions
- De Graw v. PriorSupreme Court of Missouri · 1873
- Bartlett v. DraperSupreme Court of Missouri · 1856
- Miller v. NorthupSupreme Court of Missouri · 1872
- Powell v. DavisSupreme Court of Missouri · 1873
- Prewitt v. BurnettSupreme Court of Missouri · 1870
3Cited by12 opinions
- Nearing v. CoopNorth Dakota Supreme Court · 1897
- School District Number 4 v. HolmesMissouri Court of Appeals · 1893
- Bradley v. WestSupreme Court of Missouri · 1878
- Hart v. CoxCalifornia Supreme Court · 1915
- Taylor v. ScottOregon Supreme Court · 1883
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