45 Mo. 434 | Mo. | 1870
delivered the opinion of the court.
This proceeding was originally commenced before a justice of the peace, under the third section of the forcible entry and detainer act. The case having been appealed to the Circuit Court, the complaint, on payment of costs, and by agreement of the parties, was amended so as to bring it within the pro
The plaintiff, at the trial, having given evidence tending to prove the averments of his complaint, the defendants, among other things, offered to show under what circumstances they took possession, and to give evidence tending to negative the averment of collusion with Reed. This evidence was objected to and excluded on the ground that Ahe plaintiff was not present nor a party to the transaction proposed to be given in evidence.
The form of the question propounded to the witness, by which-this testimony was sought to be elicited, was highly objectionable; but no objection was made on that account. The evidence was objected to and excluded solely on the ground mentioned above.’ This was error. The allegation of collusion was of unquestionable materiality. Any facts, therefore, that went to disprove it, it was the right of the defendants to employ in resisting the action, as it was also their right to use such facts in rebutting the case as made by the plaintiff. The competency of such proof -was in no way affected by the fact of the plaintiff’s presence or absence at the time and Upon the occasion of the defendants’ getting possession of the disputed premises. The complaint itself is framed upon the idea that this possession was acquired covin-ously, in the absence of the plaintiff and without his knowledge or consent, and 'by means of some collusion, contrivance, or arrangement with Reed. It was perfectly legitimate, therefore, for the defendants to repel these imputations by showing, if they
If Reed took a lease from the plaintiff, and accepted the position of tenant under him, he thereby admitted the plaintiff’s title; and neither he nor those claiming under him are at liberty to dispute that title, unless Reed was induced to accept the lease through some fraud or imposition on the part of the plaintiff'. The question of title is in no way involved in this suit; but this suggestion indicates one of the results of the existence in fact of the relation of .landlord and tenant between the plaintiff and Reed.
For the reasons herein developed, the judgment is reversed and the cause remanded.