Tipton v. Swayne

• Decision Date: 31 May 1835
• Citation: Tipton v. Swayne, 4 Mo. 98 (Mo. 1835)
• Parties: WILLIAM TIPTON v. JOHN SWAYNE.
• Court: Missouri Supreme Court

4 Mo. 98

WILLIAM TIPTON

v.JOHN SWAYNE.

Supreme Court of Missouri.

May Term, 1835.

APPEAL FROM THE CIRCUIT COURT OF SCOTT COUNTY.

TOMPKINS, J.^a1

Swayne brought his action of forcible entry and detainer before two justices of the peace against Tipton, and had judgment. Tipton took the cause up to the Circuit Court by writ of certiorari to set aside the proceedings for irregularity. The judgment of the justices being affirmed in the Circuit Court, Tipton, to reverse its judgment, appeals to this court. The assignment of errors is general; on looking into the transcript of the proceedings before the justices, we find in the complaint, filed in compliance with the statutory provision, this allegation: “William Tipton did, &c., with force and arms enter into one house and one garden,” &c. It was contended that the description of the premises was too vague. We think it is well enough. A garden in the country can be supposed to have no metes and bounds but the fence which encloses it, because it is most commonly situated within the limits of the owner's tract of land. There is, however, no complaint of a forcible detainer of the premises. This was suggested to the counsel of Swayne by the court, and he contended that the statement of the forcible entry was sufficient, and relied on the first section of the act, which reads thus: “That no person shall hereafter make entry into any lands, tenements, &c., but in cases where entry is given by law, and in...