Gray v. Gurley
Supreme Court of Missouri
Appeal from Greene Circuit Court —Eon. James T. Neville, Judge. (1) Under the pleadings, law and evidence, judgment should have been for appellant, for the reason respondent failed to prove that he was entitled to the possession of the premises at the institution of this shit.
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Appeal from Greene Circuit Court —Eon. James T. Neville, Judge. (1) Under the pleadings, law and evidence, judgment should have been for appellant, for the reason respondent failed to prove that he was entitled to the possession of the premises at the institution of this shit. Tarlotting v. Boken, 95 Mo. 544; Sec. 2382, R. S. 1909. (2) Under the present contract respondent is required to take two steps in order to terminate the tenancy: First, he must declare the contract forfeited and apply the payments as rent; second, he must then demand peaceable possession at some definite time. 1 Cyc.…
1Opinion of the CourtBrown, P. J.
Ejectment for town lot; equitable answer; judgment for plaintiff; and defendant appeals.
Plaintiff vigorously assails appellant’s printed abstract of the record, hut, upon examination, we find that it contains all the pleadings, record entries, and a complete copy of the oral evidence. While the abstract is not as complete in some respects as it ought to he, we do not deem it so defective as to preclude a review of the case upon the merits.
The following is a brief history of the transaction out of which this litigation arose:
In March, 1905, plaintiff sold to .defendant lot 12 in Forest Home…
2Cases cited4 opinions
- Deichmann v. DeichmannSupreme Court of Missouri · 1871
- Tetley v. McElmurrySupreme Court of Missouri · 1907
- Ruppel v. Missouri Guarantee, Savings & Building Ass'nSupreme Court of Missouri · 1900
- McGuire v. BrockmanMissouri Court of Appeals · 1894
3Cited by2 opinions
- Willis v. American National Life Insurance Co.Missouri Court of Appeals · 1956
- Sullivan v. BurcawIdaho Supreme Court · 1922