19 Mo. 417 | Mo. | 1854
delivered the opinion of the court.
The plaintiff' commenced his action of ejectment against James Gunsollis and Sophia, his wife, to recover possession of
The ground of the action is, that the husband and wife having conveyed the land in such manner that the title became vested in the plaintiff, they, after his right accrued, withheld the possession from him. No act is alleged as having been done by the wife, except that she, with her husband, withheld the possession from the plaintiff, nor is any such act found by the court. It appears then to be an ordinary case of husband and wife, residing together upon property claimed by another, who, when bringing an action to recover possession, commences it against both.
It is apparent that the petition does not allege any act by the wife separate from the act of her husband, and the court finds no act of the wife by simply finding that, at the commencement of the suit, the husband and wife were in possession of the property.
The fact that the plaintiff’s title, under which he claims a right to the possession, is derived from the husband and wife, does not render it proper to make her a party defendant. Without going at greater length into the case, it is the opinion of the court that this action should not have been maintained
the judgment is reversed, and the cause remanded.