Simmons v. MacAdaras
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Merger. — Shehan v. Hampton, 2 Keyes, 304; Daugherty v. Jack, 5 Watts, 456; Ooolc v. Brightly, 46 Pa. St. 439; Phillips v. Clarkson, 2 Binn. 138; Pennington v. Coats, 6 Wheat. 277 ; Ohamleyv. Hausberry, 13 Pa. St. 16 ; Holtz's Appeal, 40 Pa.
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Appeal from St. Louis Circuit Court. Merger. — Shehan v. Hampton, 2 Keyes, 304; Daugherty v. Jack, 5 Watts, 456; Ooolc v. Brightly, 46 Pa. St. 439; Phillips v. Clarkson, 2 Binn. 138; Pennington v. Coats, 6 Wheat. 277 ; Ohamleyv. Hausberry, 13 Pa. St. 16 ; Holtz's Appeal, 40 Pa. St. 200; Duncan v. Drury, 9 Barr, 332. When the owner of a fee-simple estate grants a lease of the premises of which he has the fee, he, as reversioner, is not entitled to involuntary partition against his lessees. He is not in possession; his lessees are ; they hold adversely to the reversioner; there is neither the…
1Opinion of the CourtHayden, J.
This is a suit for partition of a lot and a building thereon. Shepard, being the owner in fee of a vacant lot on Fourth Street, in St. Louis, on February 15,1864, leased it to the respondent, Simmons, for the term of fifty years, at a rent *299which varied during the first years, but was $3,000 after the expiration of ten years from the beginning of the term, the first day of April, 1864. By the lease it was provided that at the expiration of the first fifty years and every fifty years thereafter the lease should be renewed from time to time forever, upon the same terms ; that the lessee should…
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