Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Citation
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Parent Document
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Jurisdiction
- Missouri (state)
- Effective Date
- 2013-11-26
Other Sections in This Document (12)
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
- Women's HealthPartners, Inc. v. River Landing, LLC, 414 S.W.3d 79 (2013)
Full Text
753 charsUnder section 441.233, R.S.Mo. (2000), “a landlord or its agent who removes or excludes a tenant or the tenant’s personal property from the premises without judicial process and court order ... shall be deemed guilty of forcible entry and detainer.” 1 The sole issue is whether the tenant had actual possession of the premises, not whether the tenant had the legal right of possession, “since one may *82be in wrongful possession, yet he cannot be disposed against his will.” Allen v. Harris, 755 S.W.2d 393, 395 (Mo.App.E.D.1988). Nevertheless, “no one can maintain an action of forcible entry and detainer who at the time of his dispossession was not in the exclusive possession of the [premises].” Bixeman v. Reichel, 187 S.W. 269, 270 (Mo.App.1916).