Orrick v. St. Louis Public Schools

Forcible Entry and Detainer. — The action of forcible entry and detainer must be brought against the party in actual possession of the premises at the time of suit brought. (R. C. 1855, p. 1787.)

Appeal from, Si. Louis Land Court. Plaintiff brought his action for forcible entry and detainer against the defendants, before a justice of the peace, from whence the case was removed by certiorari to the St. Louis Land Court. The plaintiff claimed that he was in the actual possession of part of lot eighteen, in Robt. N. Moore’s addition to the city of St. Louis, having a front of twenty feet on the south side of West Mound street, by seventy-six feet in depth, and that the defendants had forcibly ousted him from his possession of said premises, and forcibly detained the possession. It appeared on the trial that the defendants had recovered judgment in ejectment against one Elizabeth Holis, for a lot on the south side of West Mound street, of forty-five feet front by seventy-six deep, in school survey No. 379, and that, under an execution upon said judgment, to which plaintiff was in no way a party, the defendants had forcibly ejected the plaintiff from the possession of the premises ; and had, before the commencement of this action, leased the same to one Hollingsworth and put him in possession. The brief of this gentleman related to points not touched upon by the court. I. Hollingsworth, and not the defendants, was the party in possession at the commencement of this suit, and the action should have been against him, and not against the defendants. As the Schools were not in possession, they did not forcibly detain the premises.