Jenkins v. McCoy
Supreme Court of Missouri
Appeal from Henry Circuit Court. Defendant, being an intruder, cannot show want of title in plaintiff. The possession of plaintiff being proven, is sufficient to maintain trespass. (30 Mo. 442.)
1Opinion of the CourtBliss, Judge
The plaintiff had purchased a farm of one Fisher, and upon it was a growing crop of corn planted by defendant, who removed it after the purchase. This suit is to recover the value of the corn, upon the assumption that McCoy was a trespasser and had no rights in the crop so raised. Much of the record is filled with evidence tending to prove that McCoy had a license from Fisher to enter and plant the crop, but in our view it is unnecessary to consider the evidence and the instructions touching its application;
The plaintiff purchased and moved upon the farm in August, and admitting that…
2Cases cited1 opinion
- Harris v. TurnerSupreme Court of Missouri · 1870
3Cited by19 opinions
- Hayden v. BurkemperSupreme Court of Missouri · 1890
- Phillips v. KeysawSupreme Court of Oklahoma · 1899
- Wattenbarger v. HallSupreme Court of Oklahoma · 1910
- Salmon v. FewellMissouri Court of Appeals · 1885
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
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